[1]
Note: Prior ordinance history includes portions of 1971 Code
§§ 74-1 — 74-15; Ord. Nos. 7-5-72, 3-21-78, 6-7-79,
6-5-80 and 12-27-84.
[Ord. No. 05-11 § 1]
As used in this chapter:
Any developer, organization, individual, company, corporation,
partnership, limited liability company, limited liability partnership,
or any other form of business entity.
The Block(s) and Lot(s) that is named on the application
form and is the location of a project.
Any movement of soil including, movement of soil within one
site or movement of soil from one site to another site regardless
of its destination. This also includes movement of soil on land disturbed
previously as a result of a previous project or development.
Removing soil from one site to any location off-site.
Bringing soil to the site from any location off-site.
The transfer of soil within a site.
Soil that, in its natural state, constitutes the top layer
of earth, and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
[Ord. No. 05-11 § 1]
Any soil disturbance that results in a change in grade or elevation of two feet or more but does not fall within the limits set forth below in § 20-3, shall require approval from the Township Engineer. A grading plan shall be prepared and submitted to the Township Engineer for approval. There is no permit or fee associated with the approval of grading plans.
[Ord. No. 05-11 § 1]
A.
Any soil disturbance within the Township of Rockaway
of 50,000 square feet surface area or more on one site or involving
100 cubic yards volume of soil or more on one site shall comply with
the provisions of this Soil Protection Chapter. Any soil disturbance
within the Township of Rockaway of 50,000 square feet surface area
or more on one site or involving 100 cubic yards volume of soil or
more on one site requires first obtaining a soil disturbance permit,
as provided herein, to be approved by the Township Council.
B.
This section shall not apply to soil disturbance incident
under a permit issued by the Construction Official for the construction
of a single-family dwelling and its accessory structures (such as
garage, shed, driveway, etc.), nor to soil disturbance by the Township
or its contractors.
C.
The soil disturbance permit shall expire after one year
from the date it is issued. In the event the soil disturbance activity
for which the permit was issued is not completed within one year,
the applicant may apply to the Township Council for an extension of
said permit. Approval of said extension shall not be unreasonably
withheld.
[Ord. No. 05-11 § 1]
A.
Application. Any disturbance of soil within the Township
of Rockaway of 50,000 square feet surface area or more on one site
or 100 cubic yards volume of soil or more on one site requires the
submission to the Township Clerk of an application for a soil disturbance
permit. In addition, an application fee in the amount of $150 must
be submitted with the application if the applicant proposes to disturb
100 to 500 cubic yards of soil. An application fee in the amount of
$500 must be submitted with the application if the applicant proposes
to disturb 501 or more cubic yards of soil. In the event soil is being
exported from one site within the Township of Rockaway and imported
to another site within the Township of Rockaway, then two soil disturbance
permits must be obtained, one permit for the exportation and one permit
for the importation. Applications can be obtained by the Township
Clerk's office and shall be signed by the person intending to
perform the soil disturbance and by the owner of the site where the
soil is to be disturbed. In addition, the application must include
a contour map of the site where the soil is to be disturbed, the appropriate
fee and when the application involves the importation or exportation
of soil, a traffic plan. Twenty-five copies of the application shall
be submitted if the application will be reviewed by the Township Engineer
and the Planning Board or Board of Adjustment, as set forth below.
Four copies of the application shall be submitted if only the Township
Engineer will review the application.
B.
Contour map. Accompanying the application shall be a
contour map of the site where the soil is to be disturbed showing
the proposed grades resulting from the intended soil disturbance in
relation to the existing topography of the site. Twenty-five copies
of the map and earth work calculations shall be submitted if the application
will be reviewed by the Township Engineer and the Planning Board or
Board of Adjustment, as set forth below. Four copies of the map and
earth work calculations shall be submitted if only the Township Engineer
will review the application. The map and earth work calculations must
include not only the site where the soil is to be disturbed, but also
all surrounding lands within 200 feet of the perimeter of the site.
The map and earth work calculations shall be prepared and certified
by a licensed professional engineer of the State of New Jersey. The
map must be prepared using a scale of not less than one inch to 100
feet showing the site and its relation to all of the surrounding lands
in the following manner:
(1)
The dimensions of the site and the lot and block number
of the site and of each lot in the surrounding lands as shown on the
Tax Assessment Map of the Township.
(2)
The existing elevations of all lands on a one-hundred-foot
grid layout with two-foot contour lines.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water and watercourses, natural or artificial.
(4)
All wooded areas.
(5)
The limits of the area(s) within the lot(s) in question
within which the soil disturbance operations are to be conducted and
the existing elevations of the limits at intervals of not more than
100 feet with two-foot contour lines.
(6)
The proposed final elevations where existing elevations
shown on the map are to be changed as a result of completion of the
proposed work.
(7)
Proposed slopes and lateral supports at the limits
of the area upon completion of the soil disturbance operations.
(8)
Proposed provisions and facilities for surface water
drainage and, where applicable, channels of natural or artificial,
including cross sections showing proposed channel widths, bank slopes
and method of erosion and control thereof.
(9)
Accurate cross sections at intervals of not more than
100 feet showing the locations and quantities, in cubic yards, of
soil to be disturbed.
(10)
All proposed elevations in enclosed rectangular boxes,
and all existing elevations to be indicated without any kind of enclosure.
(11)
If the application is before the Planning Board or
Board of Adjustment, such other pertinent data as the Planning Board
or Board of Adjustment may require.
C.
Traffic plan. Accompanying all applications, which include
the importation or exportation of soil, shall be a traffic plan which
will indicate the following:
(1)
The specific trucking ingress and egress into the subject
site.
(2)
The proposed truck routes that will be used to service
the site.
(3)
The specific hours of operation.
(4)
The maximum number of cubic yards that will be moved
to or from the subject site during any twenty-four-hour period.
(5)
The required traffic plan shall comply with the following
requirements.
(a)
Except for emergencies, all soil shall be imported
or exported from the subject site during the hours of 7:00 a.m. through
6:00 p.m. eastern standard time on weekdays and 9:00 a.m. through
6:00 p.m. eastern standard time on weekends and holidays.
(b)
The scheduling of trucks used to move soil to and
from the subject site shall be done in such a way as to minimize truck
traffic within school zones during the morning and afternoon school
hours.
Twenty-five copies of the traffic plan shall be submitted if
the application will be reviewed by the Township Engineer and the
Planning Board or Board of Adjustment. Four copies of the traffic
plan shall be submitted if only the Township Engineer will review
the application.
[Ord. No. 05-11 § 1]
A.
Upon receipt of an application for a soil disturbance
permit in conjunction with an application before the Planning Board
or Board of Adjustment, the Township Clerk shall send a copy of the
same to the Planning Board or Board of Adjustment, as appropriate
and the Township Engineer, who shall review the application and submit
their report and recommendations to the Township Council. In the event
a soil disturbance permit application is submitted in conjunction
with soil disturbance on property that is not before the Planning
Board or Board of Adjustment, the permit application shall be submitted
to the Township Clerk for distribution to the Township Engineer. The
Township Engineer shall review the application and submit a report
and recommendations to the Township Council.
B.
The applicant has the right to be heard by the Township
Council at such time as the soil permit application is being considered
by the Township Council.
C.
The Township Council shall grant or deny the application
within 45 days after receipt of the reports and recommendations of
the Planning Board or Board of Adjustment and/or Township Engineer.
The Planning Board or Board of Adjustment and/or Township Engineer,
in considering and reviewing the application and the contour map,
shall take into consideration the public health, safety and general
welfare, and shall give particular consideration to the following
factors:
(1)
The potential for soil erosion by water and wind.
(2)
The prevention of silt and sediment from entering brooks,
streams, ponds, lakes, rivers and other bodies of water.
(3)
The existing drainage of the site involved and any
changes in drainage patterns that may result from the establishment
of new contours.
(4)
Types and fertility of the soil to be removed and the
use to which it will be put.
(5)
Lateral support slopes and grades of abutting streets
and lands.
(6)
Land values and uses of those properties affected directly
or indirectly by the proposed disturbance of soil.
(7)
Such other factors as may bear upon or relate to a
coordinated, adjusted and harmonious physical development of the site
in connection with the surrounding lands in accordance with the master
plan for the development of the Township.
D.
If after examining the application, the map provided,
and the reports of the Planning Board or Board of Adjustment and/or
Township Engineer, the Township Council shall be of the opinion that
the proposed soil disturbance will not create conditions inimical
to the public health, welfare and safety and will not result in the
creation of any sharp declivities, pits or depressions, soil erosion,
fertility problems or depressed land values, nor create any drainage
or sewerage problems or other conditions of danger, permission to
remove the soil shall be granted with any condition or demand deemed
necessary by the Township Council.
[Ord. No. 05-11 § 1]
A.
An application fee of $150 must be submitted with the application
if the applicant proposes to disturb 100 to 500 cubic yards of soil.
An application fee in the amount of $500 must be submitted with the
application if the applicant proposes to disturb 501 or more cubic
yards of soil.
B.
Prior to issuance of a soil disturbance permit and approval
of the same by the Township Council, the permit applicant shall pay
to the Township a permit fee as per the following schedule:
|
Movement of soil within the same site
|
$0.10 per cubic yard
|
|
Exportation of soil from the site irrespective of the destination
of the soil
|
$0.25 per cubic yard ($0.10 for movement and $0.15 for exportation)
|
|
Importation of soil from a location outside the site
|
$0.25 per cubic yard ($0.10 for movement and $0.15 for importation)
|
C.
If soil is imported and the applicant is charged $0.25
per cubic yard and that soil is later moved within the site in connection
with the same soil movement activity or construction of the same development,
a further fee shall not be charged. In addition, if soil is moved
within the site and the applicant is charged $0.10 per cubic yard
and that soil is later exported from the site in connection with the
same soil movement activity or construction of the same development,
an additional charge of $0.15 shall be charged.
D.
All soil volume calculations for the purposes of determining
fees shall be initially calculated by the applicant and submitted
to the Township Engineer for approval.
[Ord. No. 05-11 § 1]
Before any permit or permission for soil disturbance is granted
or issued, the owner or applicant shall file with the Township Clerk,
in such amount as in the opinion of the Township Engineer shall be
sufficient, a performance guarantee, in a form satisfactory to the
Township Attorney, consistent with the guarantee form permitted under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. to insure the
faithful performance of the work to be undertaken, pursuant to the
permission granted by the Township Council, pursuant to the provisions
of this section. For those soil permit applications submitted in connection
with an application before the Planning Board or Board of Adjustment,
said performance guarantee may be included in the guarantee required
by the developer's agreement. As constructed contour map shall
be filed and approved by the Township Engineer prior to the release
of any bond required.
[Ord. No. 05-11 § 1]
Notwithstanding anything herein to the contrary, a soil disturbance
permit shall not be granted pursuant to this chapter in conjunction
or related to a use not permitted for or on the relevant property
by the Zoning Ordinance.
[Ord. No. 05-11 § 1]
A.
If permission to remove the soil is granted, the owner
or person in charge shall so conduct the operations that there shall
be no sharp declivities, pits or depressions and in such a manner
that the area shall be properly leveled off, cleared of debris and
graded to conform to the contour lines and grades as approved by the
Township Engineer.
B.
For the purpose of administering and enforcing the provisions
of this chapter any duly authorized officer, agent or employee of
the Township shall have the right to enter into and upon any lands
in or upon which such soil disturbance operations are being conducted,
in order to examine and inspect such lands and the operations thereon.
[Ord. No. 05-11 § 1]
The owner of the site or the person in charge of the disturbance
of soil, when permission has been duly granted, shall not take away
the top layer of arable soil to a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
retention on the site, and shall be respread over the site when the
rest of the soil has been removed pursuant to levels and contour lines
approved by the Township Engineer.
[Ord. No. 05-11 § 1]
The Township Engineer is hereby designated as the officer whose
duty it shall be to enforce the provisions of this chapter. The Township
Engineer shall from time to time, upon the Township Engineer's
own initiative and whenever directed by the Mayor or Council, inspect
the site for which permits have been granted to ensure compliance
with the terms of the permit of this section. In addition, once all
soil disturbance is complete, the Township Engineer shall inspect
the site to determine whether the actual soil disturbed is consistent
with the soil disturbance permit issued. In the event more soil is
disturbed than authorized by the soil disturbance permit, the applicant
shall submit the additional fees due. The additional fees due shall
be calculated using the fee for the total soil disturbed minus the
fees already paid. In no event shall fees paid for soil disturbance
permit be refunded by the Township.
[Ord. No. 05-11 § 1]
[Ord. No. 05-11 § 1]
A.
Soil to be used as fill. No person shall raise the level
of any land or portion thereof within the Township by adding any material
or substance other than fill. This section is not applicable to the
addition to the land of any material or substance in the ordinary
course of farming, horticulture, gardening, quarrying and mining.
B.
Applicable substances; exceptions. Fill shall consist
solely of topsoil, earth, rock, gravel, quarry process, or sand. Concrete
and asphalt cannot be used as fill. Topsoil is the exposed layer of
the earth's surface, and earth is the layer of soil immediately
beneath the topsoil and above rock. Rock excludes boulders, boulders
being detached and rounded or worn pieces of rock, the greatest side
of which is no less than 12 inches. All other materials are excluded.
Excluded materials include, but are not limited to, soil containing
contaminates, muck, peat, timber, debris, stumps and roots of trees,
demolished structures, construction materials or of any other refuse;
provided, however that these excluded items shall not have been reprocessed
so as to conform with the definition of "fill" herein provided. Muck
is soft silt or clay, very high in organic content, which is usually
found in swampy areas. Peat is soil composed principally of partially
decomposed vegetative matter.
