[HISTORY: Adopted by the Township Committee of the Township of Kingwood 11-1-2018 by Ord. No. 19-21-2018. Amendments noted where applicable.
The purpose of this chapter is to create regulations governing the importation and use of fill material within Kingwood Township.
As used in this chapter, the following terms shall have the meanings indicated:
- The person requesting a permit authorizing the importation or use of fill material as provided for in this chapter
- FILL MATERIAL
- Whether used separately or together, and whether used on or below the existing or finished grade, includes dirt, stone, gravel, humus, clay, loam, rock, limonite, mulch, all items included in the NJDEP Fill Material Guidance For SRP Sites dated April 2015 (Version 3.0), and any subsequent addendum or replacement therefor, which is incorporated herein by reference, and any other natural or man-made material intended or used to fill a void or empty space in the ground or to supplement or raise the existing or modified grade of the ground surface.
- The legal or beneficial owner or owners of a lot or any land proposed to be included in a soil or fill importation or placement operation, including the holder of an option or contract to purchase, or other person with an enforceable proprietary interest in such land and the explicit right to apply for and/or conduct activities described in this chapter.
Except as otherwise expressly provided § 75B-5 of this chapter, it shall be unlawful for any person, corporation or agent to import any fill material into or use any fill material within the Township without first obtaining a permit. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Township of Kingwood. In no case shall a permit be granted for the importation or use of fill material if the importation or use thereof would be in violation of any provision of this chapter. The Zoning Officer shall have a period of 30 days from receipt of a complete application within which to issue or deny the permit. Each permit issued under the terms of this chapter shall be valid only for the location described in the permit and for a period of one year from the date of issuance.
All applications for a permit for the importation of fill into Kingwood Township shall be on an application form provided by the Township Zoning Officer, which shall require, at a minimum, the submission of the following information:
A drawing of the proposed area of usage of the imported fill material;
The boundary line of the whole tract of land within which the proposed fill material will be placed;
Details of the proposed usage of the imported fill material, including the nature of the proposed fill material, its source and the quantity proposed for importation and/or usage;
Certification that current taxes have been paid for the premises;
Written consent of the owner of the property upon which the use of the imported fill material is proposed;
The location, including street address and lot and block number, of the property from which the fill material proposed for importation will originate;
Written certification of the laboratory analytical results demonstrating that the proposed fill material satisfies the requirements of § 75B-4 of this chapter;
It shall be a condition of any permit granted pursuant to this chapter that the enforcing officer is granted an irrevocable license for access to the proposed importation and/or fill operation and any fill sources located within Kingwood Township at all times during the duration of the permit;
A permit fee of $75.
Any fill material that is proposed to be deposited within the Township, whether such fill material originates from sources outside or sources within the Township, must be sampled at the source and analyzed in accordance with the NJDEP Fill Material Guidance For SRP Sites dated April 2015 (Version 3.0), and any subsequent addendum or replacement therefor, by a state-certified analytical laboratory and certified as clean fill.
All expenses connected with such testing are to be borne by the recipient of the proposed fill material.
Approval or rejection of any proposed fill material shall be made by the Zoning Officer in accordance with this chapter and any additional rules or regulations it may from time to time enact.
The following activities shall be exempt from the provisions of this chapter:
Importation and use of fill material for septic installation and/or repair certified to be select fill by a New Jersey licensed engineer;
Importation and use of material purchased in consumer packaging or in bulk from a retail or wholesale facility (e.g., mulch, sand or gravel from a home improvement center or nursery);
Importation or use of material purchased from a duly licensed quarry or mine and certified as licensed quarry/mine material by such quarry or mine as provided in the NJDEP Fill Material Guidance For SRP Sites dated April 2015 (Version 3.0); and
The reuse of fill material excavated from a lot elsewhere within the boundaries of that lot.
The Zoning Officer is designated as the officer responsible for enforcing the provisions of this chapter. It shall be the duty of the Zoning Officer to make physical inspections in connection with any application for a permit or renewal permit hereunder and, in addition, at least one other physical inspection at an interval of approximately three months following approval of the application. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this chapter, and he/she shall have the right to enter any premises during the daytime in the course of his duties.
No person engaging in activities permitted under this chapter shall allow or permit any dangerous condition to result from the transportation of fill on any public road or highway. The public roads or highways in close proximity to the permitted area shall be kept clear of loose dirt. In the event of any violation of this section exists, the Township shall be authorized to rectify the situation, and the cost of such work will be borne by the applicant. The same will apply to drift onto roads passing through or adjoining the site area. In no event shall said roads be closed, destroyed or made impassable in any way.
The permit issued under this chapter is not transferable, and the holder of the permit shall be solely responsible for the provisions specified in this chapter.
Should the Zoning Officer reject the application, the applicant may request a hearing by making written request to the Township Committee, which hearing shall be held within 30 days after the first Township Committee meeting at which the request was received.
Appeals from all decisions of an administrative agent appointed pursuant to this chapter shall be filed, in writing, with the Court.
Any person who violates any provisions of this chapter shall pay the required fees in connection with the permit as outlined herein, plus all costs associated with having the material tested, plus a cost of $5 for each and every cubic yard of material that has been imported without a permit, as determined by the Zoning Officer. Such person shall also be liable to a fine of not more than $5,000 for each occurrence. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.