[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.]
A.Â
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.
B.Â
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:
A.Â
Preliminary site investigation report.
(1)Â
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:
(a)Â
Names of all owners and operators.
(b)Â
Dates of ownership of each owner.
(c)Â
Dates of operation of each owner.
(d)Â
Description of past agricultural or industrial use.
(e)Â
List of pesticides, herbicides or insecticides used at the property.
(f)Â
Approximate periods and application rates of pesticides, herbicides
or insecticides used at the property.
(g)Â
Any past remedial activities.
(h)Â
All existing sampling data.
(i)Â
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.
(j)Â
Identification of all areas where nonindigenous fill materials
were used.
(k)Â
A determination from the collected historical date identification
of the areas believed to be potentially contaminated.
(2)Â
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.
B.Â
Soil sampling report plan.
(1)Â
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.
(2)Â
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.
(3)Â
The date of the soil sampling must be provided, both by telephone
and in writing, to the Township's Department of Community and Economic
Development a minimum of 10 calendar days prior to the collection
of the samples.
[Amended 4-7-2020 by Ord.
No. 20-015]
(4)Â
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.
(5)Â
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.
A.Â
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.
B.Â
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]
A.Â
Word usage. For the purpose of this section, certain rules or word
usage apply to the text as follows:
(1)Â
Words used in the present tense include the future tense and the
singular includes the plural, unless the context clearly indicates
the contrary.
(2)Â
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
(3)Â
The words or terms not interpreted or defined by this section shall
be used with common or standard utilization.
B.Â
ACID SOIL
APPLICANT
COMMITTEE
CONTAMINANT
CONTRACTOR
DEVELOPER
DISTURBANCE
FARM
FILL or FILL MATERIAL
HAZARDOUS SUBSTANCE
LAND
LAND DISTURBANCE
LOT
MOVE
PERMIT
PLAN
PRIORITY POLLUTANT PLUS 40 or PP+40
REMEDIATION
SITE
SITE RESTORATION
SOIL
SOIL CONSERVATION DISTRICT OR COMMITTEE
STANDARDS
STRIPPING
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section unless otherwise specifically stated:
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.
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.
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.
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.
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.
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.
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.
C.Â
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:
(1)Â
All clearing, grading, excavation or embankment construction shall
provide for stormwater runoff and such groundwater seepage as may
be encountered.
(2)Â
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.
(3)Â
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)Â
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.
(b)Â
A completed clean fill verification form. Blank forms will be
provided by the Township.
(c)Â
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.
(d)Â
A map of the proposed truck routes to and from the project site.
(e)Â
An escrow sum (of a reasonable amount to be determined by the
Township's Department of Community and Economic Development) sufficient
to allow the Township to monitor the import and export of materials.
[Amended 4-7-2020 by Ord.
No. 20-015]
(f)Â
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.
(g)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
No administrative waivers from the requirements of this section shall
be granted.
(7)Â
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.
(8)Â
Violations and penalties.
(a)Â
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.
(b)Â
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.).
(c)Â
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.
(9)Â
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.
(10)Â
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.
(11)Â
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.
(12)Â
Exempted activities.
(a)Â
The following activities are specifically exempt from this section:
1.Â
The use of land for gardening primarily for home consumption.
2.Â
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.
3.Â
The construction of a swimming pool, patio or deck at a single-family
dwelling.
4.Â
Landscaping of a single-family dwelling.
5.Â
Activity that is part of a New Jersey Department of Environmental
Protection (DEP) remediation project.
6.Â
Any activity that is part of a septic system repair or removal
project, as certified to by the Hamilton Township Health Officer.
7.Â
Site improvements approved by Township officials prior to the
effective date of this section.