[Amended 12-13-2021 by Ord. No. 21-13]
A. 
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 without a soil removal permit, except in connection with the excavation or grading incidental to construction or alteration of a structure on such premises for which a permit has been issued or site plan approval has been rendered by the Planning Board or Board of Adjustment or other permitting agencies or for ordinary landscaping.
B. 
No person shall deposit or place soil on, or cause, allow, or permit soil to be placed on, any property in the Township of Knowlton, unless a permit is issued by the Township and any other applicable county, state or federal approval(s) or permit(s). This shall include the sale of soil for deposit or placement on any property within the Township of Knowlton.
C. 
Sale or complimentary gifting of removed soil. Any excavation where the removed soil will be sold or provided at no charge and deposited on property other than from where it was excavated shall not be entitled to exemption from compliance with this chapter pursuant to Subsection D hereunder. All property owners seeking to remove soil and sell it or give it away shall be required to obtain a permit hereunder and submit proof that the soil is clean pursuant to § 156-5N. If the applicant does not provide proper soil testing documentation, the Township Zoning Officer or Engineer are empowered pursuant to § 156-6 to send soil samples for testing at the expense of the applicant. However, excavations by licensed quarries shall be governed by Article III hereunder.
D. 
Exemptions. With the exception of licensed quarries governed by Article III hereunder, the below exemptions shall not apply if the soil will be sold and/or deposited on property other than from where it was excavated. An applicant is not required to obtain a permit under this chapter for the following:
(1) 
Removal of less than 100 cubic yards.
(2) 
Excavations and/or fill for buildings, foundations, or swimming pools, provided that the removed soil will not be sold, gifted, or deposited on property other than from where it was excavated and that no work shall be performed until the issuance of a permit by the Zoning Officer and/or Department of Health.
(3) 
Excavations for septic tanks or sanitary installations, provided that the removed soil will not be sold, gifted, or deposited on property other than from where it was excavated and that no work shall be performed until the issuance of a permit by the Zoning Officer and/or Department of Health.
(4) 
Excavations by licensed quarries, which are governed by Article III hereunder.
(5) 
Excavations conducted pursuant to a final site plan or final subdivision (major or minor) has been granted by the Planning or Zoning Board, provided that the removed soil will not be sold, gifted, or deposited on property other than from where it was excavated.
(6) 
Notwithstanding an exception, all work shall be performed in accordance with the standards for soil erosion and sediment control as regulated by the State of New Jersey and the applicable Soil Conservation District requirements.
[Amended 12-13-2021 by Ord. No. 21-13]
Application shall be made to the Zoning Officer and accompanied by the following:
A. 
The name and addresses of the applicant and the owner (if other than applicant).
B. 
The description of the land involved, including Tax Map lot and block numbers as identified by the Knowlton Township Tax Maps.
C. 
A detailed description of the methods, conveyances and machinery to be employed for the soil removal activity.
D. 
The total quantity of soil to be removed in cubic yards.
E. 
The existing and finished contours of the site of removal and disposition of the soil, shown at a scale of not less than one inch equals 100 feet and a contour interval of two feet.
F. 
A copy of any Soil Erosion and Sedimentation Control Plan approved by the Warren County Soil Conservation District, in those applications where such a plan and approval are required.
G. 
The purpose or reason for the intended soil removal activity.
H. 
The proposed destination of the soil to be removed.
I. 
The proposed date for the commencement and completion of the soil removal activity. However, in no event shall a permit be good for more than two years.
J. 
The name, address and telephone number of the person in direct charge of the soil removal activity.
K. 
A permit fee and escrow deposit in accordance with § 156-13.1 hereunder.
L. 
Performance bonding, which shall be in accordance with approval of the Board having jurisdiction over the applications.
M. 
A signed subdivision plat, site plan, and/or plan showing the purpose and reason for the soil removal activity.
N. 
If soil will be removed from the property and deposited elsewhere or sold, proof that the soil has been tested and found to be in conformance with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A.
(1) 
Proof under this subsection shall be a letter from a laboratory certified by the state to perform soil analysis stating that results meet or exceed the standards set forth in N.J.A.C. 7:26D, Appendix 1, Table 1A, and such other state, county, or municipal standards in effect at the time of testing, along with the actual test results.
(2) 
A minimum of two samples are to be extracted from the source for laboratory analysis for each 1,000-cubic-yard lot, or fraction thereof. Samples are to be extracted, tested, and evaluated by a state-certified laboratory. Samples must be biased to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or his duly assigned representative.
O. 
The location to which the soil/fill is to be placed.
[Amended 12-13-2021 by Ord. No. 21-13]
A. 
The Township Zoning Officer shall review all such applications and, if in the opinion of the Township Zoning Officer professional review of the application, including review by the Township Engineer or physical examination or testing of soil, is required, the Zoning Officer shall forward all pertinent materials to a soil consultant or environmental consultant for review and for a certified testing soil laboratory report which shall be delivered to the Township Committee within 30 days from the date of completion of the application.
B. 
The report of the consultant shall be accompanied by an invoice for the services performed. All expenses connected with such testing are to be borne by the applicant and shall be deducted from the escrow account established pursuant to § 156-13.1.
C. 
Processing deadline. Within 30 days of the date of submission of a complete application, the Township Zoning Officer shall review the application in accordance with the procedures established in this article and provide any testing results and a recommendation to the Township Committee. The Township Committee shall then decide whether to issue the permit at the first regular Committee meeting after submission of the recommendation and findings by the Township Engineer.
D. 
If, after considering the application and all maps, reports and other documents or evidence, the Township Zoning Officer determines that the proposed soil removal operation will not adversely affect the public health, safety or general welfare, a permit shall be granted to the applicant and shall include a reasonable time limit for completion of the operation.
E. 
In granting permits under this section, the Township Zoning Officer shall have the power to condition the permit upon compliance by the applicant with such terms and conditions as may be deemed necessary or advisable to effect the provisions and intent of this section. Such conditions may include the requirement of as-built plans.
A. 
The issuance of a soil removal permit in connection with a surface mining operation shall entitle the permittee for the duration of the permit and subject to its terms to extract soil, remove it from the designated premises and transport it to a location within or outside the Township of Knowlton.
B. 
The issuance of a soil removal permit in connection with other than surface mining activities shall be in accordance with the recommendations of the Planning Board or Board of Adjustment and shall entitle the permittee for the duration of the permit and subject to its terms to extract specified quantities of soil and remove it from the designated premises; provided, however, that such removal and transportation of soils shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Mondays through Saturdays, except State of New Jersey legal holidays. In no event may topsoil be removed from the site.
The Zoning Officer shall keep a record of all permits issued under the authority of this chapter. The records shall include all information contained in and terms applicable to the permit. The records shall also indicate the amount of fees paid for the permit, the date on which the payment was received, the date of the issuance of the permit and whether the permit was new or a renewal.
During any soil extraction activity, a valid soil extraction permit shall be prominently displayed at the site where said activity is being conducted.
Soil extraction permits shall apply only to the person and the site to whom and for what purpose it was issued or approved and may not be transferable to another person or site.
A. 
Any soil extraction permit issued by the Zoning Officer may be revoked by the Township Committee after notice and a hearing for any of the following causes:
(1) 
Fraud or misrepresentation of the application for permit.
(2) 
Fraud or misrepresentation in the conduct of the permitted activity.
(3) 
A violation of any provision of the soil removal permit or noncompliance with any of the terms of a conditional use permit granted, where applicable, by the Planning Board or Board of Adjustment.
(4) 
Conduct by the permittee or his agents, representatives or employees in an unlawful manner or in a manner inimical to the public health, safety or general welfare.
B. 
Notice of hearing for the revocation of a soil removal permit shall be given, in writing, by the Zoning Officer to the person, firm or corporation to whom the permit was issued. The notice shall specifically set forth the ground(s) upon which the proposed revocation is based and the time and place of the hearing. The notice shall be served by mailing a copy to the permittee to the address on the application, or to his last known address, by certified mail, return receipt required, at least five working days prior to the date set for the hearing.
C. 
At the hearing for the revocation of a soil removal permit, the permittee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the permit if it is satisfied by a preponderance of evidence that valid causes for such revocation or suspension exist.
The Township Committee may authorize the issuance of another soil removal permit to a person whose permit has been revoked, suspended or denied as provided herein if, after a hearing, it is satisfied by clear and convincing evidence that the reasons leading to the revocation, suspension or denial have been properly rectified and will not reoccur. Otherwise, no person whose permit has been revoked, suspended or denied, nor any person acting in his behalf, directly or indirectly, shall be issued another permit to carry on the same soil removal activity.
A. 
For any and every violation of provisions of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist or continue to exist and who shall fail to abate said violation within the time specified by the notice of violation, after written notice to do so has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall for each and every violation be subject to a fine up to $1,000 per day for each day of violation or imprisonment for 90 days, or both.
[Amended 12-13-2021 by Ord. No. 21-13]
B. 
Each and every day of such violation after such abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense. If, after diligent effort, service of a notice of violation cannot be made by mail or in person, posting of a copy of such notice at a conspicuous part of the premises in violation shall be construed as legal service.
[Added 12-13-2021 by Ord. No. 21-13]
A. 
Permit fee. The fee for issuance of a permit under this article shall be a minimum of $100 plus $10 per 1,000 cubic yards in excess of 100 cubic yards.
B. 
Escrow. No application under this article shall be considered unless the applicant has deposited with the Township Clerk initial escrow moneys in the amount of $2,000 for engineering, legal and other costs generated by an application. A minimum escrow balance of $1,000 shall be maintained.
C. 
Fees waived. Where there is an approved site plan and said site plan approval includes the removal or exportation of soil, no permit, fee, or escrow deposit fee will be required. However, fees will only be waived if the removed soil will not be sold and/or deposited on other properties.