[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
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.
Shall have the same definition as set forth in § 115-3 of the Kingwood Township Code.
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.
A.
Except as otherwise expressly provided in § 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.
B.
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:
(1)
A drawing of the proposed area of usage of the imported fill material;
(2)
The boundary line of the whole tract of land within which the proposed
fill material will be placed;
(3)
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;
(4)
Certification that current taxes have been paid for the premises;
(5)
Written consent of the owner of the property upon which the use of
the imported fill material is proposed;
(6)
The location, including street address and lot and block number,
of the property from which the fill material proposed for importation
will originate;
(7)
Written certification of the laboratory analytical results demonstrating that the proposed fill material satisfies the requirements of § 75B-4 of this chapter;
(8)
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;
(9)
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.
A.
All expenses connected with such testing are to be borne by the recipient
of the proposed fill material.
B.
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:
A.
Importation and use of fill material for septic installation and/or
repair certified to be select fill by a New Jersey licensed engineer;
B.
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);
C.
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
D.
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.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
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 the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code for each occurrence. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.
