[Ord. 8/15/66 Preamble; Ord. #4-89 Preamble]
To prevent unregulated and uncontrolled relocation, filling,
excavation or removal of earth on a large scale which may result in
conditions detrimental to the public safety, health and general welfare.
[Ord. 8/15/66 § 1; Ord. #4-89 § 2]
As used in this section:
Shall mean a plan for soil removal approved by the Township
Committee pursuant to the provisions of this chapter.
Shall mean soil, that when dried, contains not less than
four (4%) percent by weight of organic matter and the balance of which
is mineral matter.
Shall mean a parcel of land used or designed to be used by
one (1) use or structure or by a related group of uses or structures,
and any accessory uses or structures. A lot may or may not be the
land shown as a single lot on a duly recorded plat or the official
Tax Map of the Township. In determining a lot, the Township Committee
may use the lot as shown on the official Township Tax Map or may combine
more than one (1) lot if there is a related group of uses or structures.
Shall mean a soil removal permit issued pursuant to the provisions
of this chapter.
Shall mean and include corporations, companies, associations,
societies, firms, partnerships, and joint stock companies as well
as individuals.
Shall mean any earth, clay, loam, gravel, stone, sand, dirt,
humus, and any mixtures thereof, including ballast or processed fill
without regard to the presence or absence of organic matter.
Shall mean the arable soil within eight (8") inches of the
surface.
[Ord. 8/15/66 § 2, 8; Ord. #4-89 § 3;
Ord. #99-11; Ord. #2004-05 § 1]
a.
No person
shall excavate or otherwise remove soil from any lot or lots in the
Township for use outside the confines of the lot nor shall any owner
of property in the Township of Frelinghuysen import into the Township
of Frelinghuysen from any location outside of the municipal boundaries
of Frelinghuysen Township any soil or other fill material without
first having procured a permit from the Township Engineer or such
other official as may be designated from time to time by the Township
Committee by resolution and in accordance with the provisions of this
chapter and the Warren County Soil Conservation District.
b.
No permit
shall be required for the removal of the soil from any property of
the Township under the following circumstances:
1.
If the
total amount of soil to be removed does not exceed five hundred (500)
cubic yards removed over a period within five (5) years from any particular
lot.
2.
If the
soil removal is incidental to the construction of site improvements
which have been approved by the Township Planning Board or Board of
Adjustment pursuant to a site plan approval, and/or subdivision approval
and the Planning Board or Board of Adjustment has approved the soil
removal. The Approving Board shall set forth in the Resolution of
Approval the amount of soil to be removed in accordance with the requirements
of this chapter. Such approval shall not require the applicant to
pay fees pursuant to this chapter.
c.
Any soil
or fill proposed to be imported into the Township of Frelinghuysen
from any location outside of the municipal boundaries of Frelinghuysen
Township shall be identified by the person proposing to import such
fill into the Township. The Township Engineer or such other official
as may be designated by the Township Committee by resolution shall
have the right to request that samples of the soil proposed to be
imported and/or samples of the fill likewise proposed to be imported
shall first be supplied to the Township Engineer and/or such other
person as may be designated by the Township Committee as aforementioned.
The person proposing to import such soil and/or fill shall post with
the Township the sum of five hundred ($500.00) dollars as an escrow
to be used by the Township Engineer or such other official as may
be designated by the Township Committee for the purpose of having
tests performed on such soil and/or fill material to assure that such
soil and/or fill material does not contain any hazardous or injurious
substance which as defined by applicable State or Federal law might
have an adverse impact upon the health, safety and welfare of the
citizens of Frelinghuysen Township. No permit to allow the importation
of any such soil and/or fill material shall be issued by the Township
Engineer and/or such other person as designated by the Township Committee
if such soil and/or fill contains any such hazardous or injurious
substances.
d.
The application for a permit to import soil and/or fill material shall contain the same information as required under Code subsection 14-1.5 with respect to the removal of soil except wherein said section any reference is made to the removal or moving of such soil, such section shall be modified with the insert of the word "importing and/or bringing" and/or "importation" as the case may be. The provisions of subsections a, b, c and d of subsection 14-1.5 shall likewise be applicable to any permit for the importation of soil into the Township of Frelinghuysen.
[Ord. #4-89 § 4]
Applications for soil removal shall be referred to the Planning
Board and Environmental Commission of the Township for their recommendations
and reports on the planning and environmental aspects of the application.
In the event the Planning Board and Environmental Commission fail
to advise the Township Committee of their recommendations or file
their reports within sixty (60) days from the date of receipt of the
referral, and unless the time shall be extended by the mutual agreement
of the Township Committee and the applicant, then the Township Committee
may grant or deny the permit without the recommendations or reports.
[Ord. 8/15/66 § 3; Ord. #4-89 § 5]
a.
Application for a soil removal permit shall be filed with the Clerk
of the Township in triplicate accompanied by the fees as set forth
herein and the application shall set forth the following.
1.
The name and address of the applicant.
2.
The name and address of the owner if other than the applicant.
3.
A description and location of the lot or lots in question including
the Tax Map, Lot and Block numbers.
4.
The purpose or reason for moving the soil.
5.
The kind and quantity in cubic yards of soil to be removed and the
projected daily removal in cubic yards.
6.
The designation of soil to be moved, the route over which the material
will be transported and hours of operation.
7.
The proposed date of commencement and completion of the soil removal.
8.
The name, address and telephone number of the person having direct
charge of the soil removal operation.
9.
The name and address of the excavator, contractor, or person having
ex-press charge, supervision and control of the proposed excavation
work.
b.
The application shall also be accompanied by a topographical map
in triplicate of the lands in question. The map shall be prepared
and certified by a licensed professional engineer or a licensed land
surveyor on a horizontal scale of not more than one hundred (100')
feet to the inch, with contours at two (2') foot intervals, and the
map in addition shall show the following:
1.
The present grades on a fifty (50') foot grid layout.
2.
The proposed finish grade.
3.
The quantity and cubic yards of soil to be removed.
4.
All existing structures on the subject premises and within two hundred
(200') feet thereof.
5.
All existing roads and drainage areas within two hundred (200') feet
of the property including the grades of all such roads.
6.
Location of all soil storage areas.
7.
Methods of controlling siltation.
8.
The elevation of the water table if it is within eight (8') feet
of the proposed final contour, or certification that the water table
is not within eight (8') feet of the pro-posed final contour. The
determination of the water table is to be by an approved method and
shall be certified by a professional engineer, which certification
shall also show the date the tests were made.
9.
Drainage calculations prepared by a licensed professional engineer
indicating the amount of drainage prior to any soil removal or filling
and the anticipated drainage calculations after the soil removal and/or
filling.
10.
Wetland delineation in accordance with the New Jersey Department
of Environmental Protection Regulations.
11.
The location of any underground tanks on the lot which is the subject
of the soil removal and on any lots within two hundred (200') feet
from the boundary line.
12.
All existing trees on the lot which is the subject of the soil removal
having a diameter of two and one half (2 1/2") inches measured
four and one half (4 1/2") inches from ground level; a designation
of the trees to be removed and the plan for replacing the trees.
c.
The applicant will furnish an environmental impact statement in accordance
with the requirements of an impact statement for subdivision approval
in the Township.
d.
In addition to the above requirements, the applicant shall furnish
such other pertinent data as the Township Engineer shall require after
he has had an opportunity to examine the proposed application and
project.
[Ord. 8/15/66 § 7; Ord. #4-89 § 6]
a.
Along with the application there shall be deposited with the Township
Clerk the amount of one hundred ($100.00) dollars to cover administrative
costs for review of the pro-posed soil removal operation. In addition,
the Township Engineer upon a review of the application shall determine
the amount of an escrow to be paid by the applicant to cover the fees
for review and analysis of the application including the costs of
any additional experts to be retained by the Township to review the
application. This amount will be deposited with the Township Clerk
within five (5) days of notification to the applicant by the Township
Clerk. Upon approval of the application by the Township Committee
and prior to the issuance of a permit, the Township Engineer shall
determine the amount of escrow to be paid by the applicant for the
inspection work to be performed by the Township Engineer during the
period of the duration of the permit. The applicant shall be required
to maintain a minimum balance in this escrow account as established
by the Township Engineer and shall replenish that escrow account when
it falls below the minimum amount. Upon completion of the removal
and certification of the engineer as to satisfaction of all conditions,
any balance in the escrow account shall be returned to the applicant.
In the event that an applicant does not receive the approval, any
balance left in the escrow account for the review of the application
shall be returned to the applicant.
b.
Bond Required. Before any work is done for which a permit is required,
and during the period of time covered by the permit, the applicant
shall file and maintain a bond in a form and with a surety approved
by the Township Attorney in an amount that in the opinion of the Township
Engineer shall be sufficient to insure the faithful performance of
the work to be undertaken pursuant to the conditions of the permit
and its terms.
The amount of any performance bond or guarantee may be reduced
by the Township Committee by resolution when portions of the improvements
or works have been completed, upon recommendation of the Township
Engineer.
c.
Release from Bond. When all required performances have been completed,
the applicant shall notify the Township Committee in writing of the
completion and shall send a copy to the Township Engineer. The Township
Committee shall authorize the Township Engineer to inspect the site
to determine that all requirements of the approved plan have been
complied with. The Municipal Engineer shall file a report in writing
with the Township Committee which shall be detailed and which will
indicate either approval, partial approval or rejection. If the work
covered by the bond or performance guarantee or any portion thereof
is not approved or is rejected by the Municipal Engineer, the report
shall contain a statement of reasons for such non-approval or rejection.
Where the rejection indicates partial approval of the improvements
or work, it shall indicate the cost of the work for which approval
is rejected. The Township Committee shall accept or reject the work,
grant partial approval or withhold approval, on the basis of the report
and shall notify the obligor in writing by certified mail, of the
contents of the report and the action of the Township Committee not
later than ninety (90) days after receipt of notice from the obligor
of the completion of the work. Where partial approval is granted,
the obligor shall be released from all liability pursuant to his performance
guarantee except for that portion adequately sufficient to secure
the work not yet approved.
d.
The Township Committee may, upon application, waive all of any portion
of the fees or bonds for soil removal by a non-profit organization
on good cause shown and in the discretion of the Township Committee.
[Ord. #4-89 § 7]
After receipt of an application, the Town-ship Committee shall
advise the applicant of a date when the matter will be considered
at a public hearing. Upon being advised of the date of the public
hearing, the applicant shall serve written notice, either in person
or by certified mail, return receipt requested, upon all property
owners within two hundred (200') feet from the boundary line of all
property or properties from which the soil is to be removed. Such
notice shall be served at least ten (10) days prior to the date set
for the hearing.
[Ord. 8/15/66 § 4; Ord. #4-89 § 8]
The Township Committee, in considering and reviewing the application
and in arriving at its decision and after a public hearing, shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
a.
Soil erosion by water and wind.
b.
Drainage (and the effect of flooding upon the premises in question)
and surrounding properties.
c.
Soil fertility.
d.
Lateral support slope and grades of abutting streets and lands.
e.
Land values and uses.
f.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
g.
Whether the proposed work will create a nuisance or be a detriment
to the public health, safety or general welfare of the Township or
its citizens.
h.
Whether the property can be developed for its zoned use without the
proposed soil removal.
i.
Whether the proposed work will create a hazard.
j.
The preservation of existing watercourses.
k.
The creation of sharp declivities, pits or depressions.
l.
Whether the proposed removal of soil is incidental to the development
of the property or constitutes primarily a commercial activity.
m.
Whether the municipality will suffer or be affected financially as
a result of the soil removal.
[Ord. #4-89 § 9]
Upon conclusion of the public hearing and a review of all reports
received by the Township Committee and using the criteria set forth
and the factors to be considered in determining an application, the
Town-ship Committee shall determine by vote of a majority of the Committee
whether or not the permit shall be granted. If the permit is granted,
the permit shall show the total number of yards of soil authorized
to be removed, the lots from which it is to be removed, the duration
of the permit, and any special terms and conditions of the soil removal
operation. The permit shall be non-transferable.
[Ord. 8/15/66 § 5; Ord. #4-89 § 10]
If a permit is issued for the removal of earth and soil as provided
herein, the owner or person in charge shall so conduct the operations
that there shall be no sharp declivities, pits or depressions. The
area shall be properly leveled off, cleared of debris, and graded
to conform with the contour lines and grades as required and shown
on the approved plan. No soil shall be removed nor shall any operation
be conducted so as to violate any of the regulations contained in
this section after a permit is granted.
[Ord. 8/15/66 § 6; Ord. #4-89 § 11]
Arable soil within four (4") inches of the surface shall not
be removed from the licensed owner's premises, but promptly on completion
of operations, or as otherwise directed by the Township Committee,
the arable soil shall be respread on the surface as uniformly as possible
and seeded with winter rye or other suitable planting. If the soil
within four (4") inches of the top is not arable soil, arable soil
must be spread thereon promptly when the operation is completed in
each area. Provisions must be made for adequate drainage after the
topsoil is replaced. No topsoil shall be removed from the Township.
[Ord. #4-89 § 12]
a.
The following regulations shall be observed:
1.
Soil removed shall not be deposited or in any way thrown or placed
upon adjoining property or public roads. Any soil or material resulting
from any operation accumulating on any adjoining property or public
road shall be removed immediately upon notice by the Township Engineer
to the permittee of the accumulation.
2.
All operations shall be conducted strictly in accordance with any
state law, other ordinances of the Township and the terms and conditions
of any permit granted for the operations. No operation shall be permitted
within one hundred (100') feet of any stream or wetlands as defined
by the New Jersey Department of Environmental Protection.
3.
The operation shall be conducted so as not to constitute a nuisance
to ad-joining owners or the Township, and in no event shall the operation
create any extra hazardous or unsafe condition with regard to any
person.
4.
Upon completion of any operation or of excavation from any area delineated
on the approved plan, the area shall be properly leveled off, cleared
of debris, graded to conform to the contours and grades as approved
by the Township Committee, and plantings made in accordance with the
plan approved by the Township Committee. A final map shall be submitted
containing and complying with all requirements as set forth in this
section.
5.
Soil shall not be removed except in accordance with the approved
plan, which plan may, upon application, be amended from time to time
by the Township Committee, as may be necessary.
6.
No soil shall be removed which is within eight (8') feet of the water
table unless approved by the Township Committee, and no soil shall
be removed which is below the grade established and shown on the approved
map.
7.
No trash, garbage, junk or debris may be stored in any licensed area
and no safety hazards will be permitted, either during or after the
completion of the operations. All burning of combustible debris resulting
from the soil operation shall be subject to the regulations set by
the Fire Department or any regulation of a higher authority in effect
and be undertaken so as not to create a smoke, nuisance or air pollution
safety hazard.
8.
Each permittee shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine (9) months after
issuance of the permit. This report shall consist of a sketch map
at a scale of one (1") inch to one hundred (100') feet showing contours
every two (2') feet, retained arable soil, equipment, the areas where
soil was removed, the location of water supply and disposal facilities
and drainage facilities prepared and certified by a licensed professional
engineer. All topography shall be made by aerial photographic methods
and a photograph submitted with the original application and each
progress report.
9.
In order to minimize the possibility of mud slides or drainage of
silt, the area of operations for excavation shall not exceed a total
of five (5) areas at any one (1) time without a replacement of topsoil
and reseeding of the premises unless otherwise permitted by the Township
Committee for good cause shown.
10.
Upon the completion of work in any specific area, all respreading
of arable soil and reseeding as required by this section shall be
completed within sixty (60) days thereafter, except that if the completion
of work in an area occurs during the winter months when it would not
be practicable to respread topsoil and reseed, the work shall be completed
within an additional time as specified by the Township Committee.
b.
The Township Committee may modify or waive any of the above conditions
or regulations where the applicant can show undue hardship by reasons
of topography, grade or other special conditions or when the modifications
would clearly be in the public interest. The Township Committee shall,
in all cases, submit the proposed modifications to the Planning Board
for report and recommendation before taking final action.
[Ord. #4-89 § 13; Ord. #2013-13]
Hours of operation shall be limited, from 8:00 a.m. to 4:30
p.m. Monday through Friday, except in emergencies when authorized
by the Township Committee. There shall be no operation of any kind
on Sundays or legal holidays, except in emergencies when authorized
by the Township Committee.
[Ord. #4-89 § 14]
While working an area, the working face of the excavation shall
not exceed sixty (60°) degrees from the horizontal, nor shall
a sixty (60°) degree angle have a vertical height exceeding thirty
(30') feet, except that when soil conditions permit a greater angle
and/or height or require a lesser angle and/or height from the horizontal,
as determined by the Township Engineer, such greater or lesser specifications
may be required or permitted. Any face not currently being worked
on shall not exceed thirty (30°) degrees from the horizontal.
Where an excavated area adjoins a public road, no excavation shall
be made below the level of the road for a distance of one hundred
(100') feet back from the center line of the road, except in instances
where, on the low side of the road, the removal of material would
not substantially alter the general terrain characteristics. Where
an excavated area is within fifty (50') feet from any building, the
finished grade shall not exceed ten (10%) percent or be less than
two (2%) percent. Care should be taken so that there shall be no diversion
of surface water either during the operation or after the project
is complete.
[Ord. #4-89 § 15]
If in the opinion of the Township Engineer, the soil removal
project, or any part thereof, has been abandoned, unnecessarily delayed,
or the applicant has violated the terms and conditions of the approved
plan and permit, the Township Engineer may so certify these facts
to the Township Committee in writing. Upon giving seven (7) days'
written notice by certified mail to the applicant, at the address
on the permit application, the governing body may hold a hearing and
revoke or suspend the permit or call upon any surety on the performance
guarantee to complete the project. In the event of cash deposit guarantees,
the Township may complete the project and deduct the cost from the
deposit.
[Ord. #4-89 § 16]
a.
Every permittee shall install materials approved by the Township
Engineer at the exit of the properties from which the soil is being
removed for a "Clean Pad" which shall have the effect of cleaning
the tires of equipment which is leaving the site.
b.
Every person who shall transport over the streets, roads, or highways
in the Township, any soil removed from any land or premises pursuant
to a soil removal permit issued in accordance with this section shall
daily sweep, pick up and remove or cause to be swept, picked up and
removed all dust, dirt, and mud from the roads, streets or highways,
and shall apply or cause to be applied to the roads, streets or highways
a dust preventative wherever the same shall be deemed necessary, and
this shall be communicated to the holder of the permit by the Township
Engineer. In the event of failure, neglect or refusal of any person
to sweep, pick up and remove such dust, dirt and mud or to apply a
dust preventative when required by this section, the Township Engineer
is authorized to suspend any soil removal permit until, to the satisfaction
of the Township Engineer, the streets have been satisfactorily cleaned.
[Ord. 8/15/66 § 4; Ord. #4-89 § 17]
The permit will be issued for a term of one (1) year and may
be renewed for one (1) year periods or any part thereof upon application
to the Township Committee.
[Ord. 8/15/66 § 9; Ord. #4-89 § 18; New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed on each day on which a violation occurs or continues. Nothing herein shall prevent the Township from applying to any Court of competent jurisdiction for injunctive relief.
[1]
Former Subsection 14-1.19, Collection of Above Ground Surface
Stones, was repealed by Ord. No. 2013-14.
[Added 12-16-2020 by Ord.
No. 2020-12]
The placement of contaminated soil within the boundaries of
the Township of Frelinghuysen poses a threat to the safety, public
health, and general welfare of the Township's residents. The
adoption and enforcement of this section does not exempt an applicant
from required approvals of the local Soil Conservation District and
is meant to act in conjunction with all Soil Conservation District
requirements with respect to soil importation.
As used in this section, the following terms shall have the
meanings indicated:
Any person or entity who has filed an application with the Township Clerk pursuant to the provisions of Subsection 14-2.4 herein.
Soil or fill material containing one or more contaminants
from an unintentional or intentional spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of a hazardous substance, hazardous
waste, pollutant, or naturally occurring contaminant at a concentration
which fails to satisfy any applicable remediation standard as defined
by the New Jersey Department of Environmental Protection.
All forms of reclaimed materials, whether organic or inorganic,
including, by way of example, but not by way of limitation, quarry
process, crushed masonry, recycled concrete aggregate, brick or brick
fragments, asphalt millings, dredging materials, and any mixtures
thereof or in mixtures with soil.
The presence of one or more contaminants at levels generally
considered to pose a threat to human health, whether from short-term
or long-term direct exposure, or from consequent degradation of surface
water or groundwater resources.
The movement of soil or fill materials onto properties located
within the boundaries of the Township of Frelinghuysen from one or
more locations outside the Township's boundaries.
All contiguous lands owned by the same person or entity.
Includes all forms of earth, whether organic or inorganic,
including, by way of example, but not by way of limitation, surface
or subsurface dirt, stone, rock, gravel, crushed stone, sand, humus,
clay, loam, minerals, topsoil, and any mixtures thereof.
Importation of contaminated soil or fill materials into the
Township of Frelinghuysen is prohibited.
a.
No person shall import or engage in any preparatory site work to import soil or fill materials onto a site within the Township of Frelinghuysen in quantities of 150 cubic yards or more without first having procured a permit therefor by the filing of an application for such soil importation with the Township Clerk. The application shall be accompanied by a minimum fee of $100 plus $10 per thousand cubic yards in excess of 100 cubic yards. The applicant shall also deposit an escrow with the Township Clerk in the amount of $150 to cover the costs of the Township Engineer's review of the application pursuant to Subsection 14-2.7. The Township Engineer may require additional escrow, provided that Township Engineer's initial review results in a determination that there is a need for additional engineering review or retention of professional services as described in Subsection 14-2.7 herein.
b.
The application shall disclose the following:
1.
Name and address of the applicant;
2.
Name and address of the property owner (if other than the applicant);
3.
Location of the property to which the soil or fill material is to
be imported, including Tax Map block and lot;
4.
Purpose for importation of the soil or fill material;
5.
Specific location on the property at which the soil or fill material
is to be placed;
6.
Source of the soil or fill material, including name, address and
address from which the soil or fill material is being imported;
7.
Documentation from the soil or fill material supplier(s) certifying
that the material imported is free of contaminants;
8.
Proposed date of completion of the soil or fill material placement;
9.
Approved soil erosion/sediment control permit (if applicable); and
10.
Permit fee and escrow deposit.
Permits shall expire 90 days after approval pursuant to Subsection 14-2.4. Expired permits may be renewed one time upon the filing of a renewal application with the Zoning Officer. The renewal application shall be accompanied by a minimum fee of $100. Application for renewals shall be approved provided that there are no changes to the scope of the project or to the previously approved source(s) of imported soil and fill materials as described pursuant to Subsection 14-2.4. Material changes to the project, including, but not limited to, changes in scope of project or source(s) of imported soil and fill materials, shall result in denial of the renewal application. Denials of renewal applications shall not prejudice the refiling of an application for a permit pursuant to Subsection 14-2.4.
Where there is an approved site plan, and said site plan approval includes provisions for importation of soil or fill materials, no additional permit or fee shall be required. Permitted construction or repair of septic systems and driveways is explicitly exempted from the requirements of Subsection 14-2.4.
a.
The Township Engineer shall review all applications required hereunder.
If, in the opinion of the Township Engineer, professional review of
the application including physical examination or testing of soil
or fill materials is required, the Engineer shall forward all pertinent
materials to a soil consultant or environmental consultant for review
and testing. A certified testing soil laboratory report shall be delivered
to the Zoning Officer within 30 days from the date of a completed
application, during which time the permit shall be considered as pending
approval with the possibility of denial. The report of the consultant
shall be accompanied by an invoice for the services performed. The
applicant shall establish an escrow fund in the Township Clerk's
office to satisfy the cost of testing and professional review based
upon an estimate of the cost involved to be provided by the Township
Engineer.
b.
If the Township Engineer, in the course of review, determines that
Township roads may sustain meaningful "wear and tear" damage due to
the passage of trucks carrying the imported materials, the Township's
Road Department shall review the application. If meaningful damage
is determined to be likely, the Road Department shall provide a reasonable
estimate of excess costs attributable to truck traffic associated
with the importation activity. Such estimates shall fairly apportion
and distinguish between costs associated with the importation activity
and those associated with normal usage of the Township's roadways,
including occasional passage of heavy trucks. The applicant shall
be solely responsible for costs attributable to the importation activity
and shall establish an escrow fund in the Township Clerk's office
sufficient to refund the Township for this expense.
c.
If, during the course of soil or fill material importation, the Township
Engineer shall determine that a physical examination of the material
involved is required to ensure protection of public health and safety,
the Township may retain, at its discretion, a soil consultant to examine
the imported material. Such examination shall be at the sole expense
of the applicant, who shall establish an escrow account to cover the
possibility that this cost may be incurred.
d.
If it is determined that contaminated soil or fill materials have
been imported into the Township, whether unintentionally or intentionally,
any ongoing importation activities shall cease immediately, and the
property owner shall, at the Township's discretion, be responsible
for remediation or removal of the material. If the imported material
is determined to be hazardous, remediation and/or removal shall be
required. Any such remediation or removal shall be conducted under
the supervision of the Township Engineer at the sole expense of the
property owner.
e.
If the Township Engineer, in the course of review, determines the
need for site plan review, the application shall be referred to the
Land Use Board for review, and approval of the importation permit
shall be stayed pending review of the application by the Land Use
Board.
During the school year, which, for the purposes of this section,
will be September 1 to June 30, truck traffic for the permitted importation
of soil or fill materials shall be limited to the hours of 9:00 a.m.
to 3:00 p.m., Mondays through Fridays, inclusive. From July 1 to August
31, truck traffic for the permitted importation of soil or fill materials
shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Mondays through
Fridays, inclusive. Traffic for permitted importation of materials
is prohibited on Saturdays and Sundays.
