This chapter is deemed essential and necessary to protect the
public health, safety, and welfare of the citizens of Mantoloking
Borough and the surrounding communities by accomplishing the following
purposes:
A. Maintain
the useful life of water bodies by preventing sedimentation.
B. Prevent
dangers to life and property from excessive surface water runoff and
clogging of drainage structures.
C. Prevent
sedimentation and impairment to the public storm sewer system.
D. Preserve
the recreational use of water bodies for swimming and fishing by preventing
stagnation, sedimentation and degradation.
E. Prevent
the importation of deleterious and/or contaminated soil into the Borough.
F. Ensure proper
distribution of imported soil to prevent negative impacts onto adjoining
properties and public right-of-way.
G. Reduce public
expenditures for repair of public facilities resulting from soil erosion
and sedimentation.
H. Conserve
the taxable value of property by enhancing the environmental character
of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Shall mean the owner or contract purchaser or an authorized
agent of land of same upon which earthwork activities, including either
the moving, import, and/or export of soil are to be performed.
CLEAN FILL
Also identified as clean soil, shall be constructed of soil,
sand, or rock materials or a combination of these materials free from
stumps, roots, weeds, sod, rubbish, garbage, and any other material
that may decay. Clean fill and clean soil shall also be free of any
chemical or physical contamination in accordance with NJDEP guidelines.
EXCAVATOR
Shall mean any person or company engaged in the moving, export,
import, or excavation of soil or topsoil from, in or upon any land
in the Borough.
EXPORT
Shall mean the exportation of soil or removing of soil from
premises or site to any location off the premises.
IMPORT
Shall mean the importation of soil or bringing soil to any
premises from any location off site or off the premises.
MOVE
Shall mean to dig, excavate, import, export, place, fill,
grade, regrade, level or otherwise alter or change the location or
contour earthen material, clean soil, or clean fill.
PERMIT
Shall mean a Soil Disturbance Permit issued under the terms
of this chapter.
PREMISES
Shall mean one or more contiguous parcels of land in single
ownership. Parcels shall not be deemed to be contiguous if separated
by a road or right-of-way.
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, and mixtures of any said earthen materials. Soil shall not
be chemically or physically contaminated.
SOIL DISTURBANCE
Shall mean any activity involving the clearing, grading,
moving, transporting, or excavation of land or soil, including the
export or import of earthen material.
TOPSOIL
Shall mean soil that, in its natural state, constitutes the
top layer of earth and is composed of 2.75% or more, by weight, or
organic matter, and has the ability to readily support vegetation.
Topsoil shall not contain stones, lumps, roots, or similar objects
larger than one-half (1/2) inch in any dimension and shall have not
less than a 5.8 pH value. Topsoil shall not be chemically or physically
contaminated soils.
Prior to excavation, disturbance, land grading, earthwork, importation,
and/or exportation of any soil on any premises in the Borough, an
application shall be made by the owner or contract purchaser or authorized
agent to the office of the Borough Engineer for a Soil Disturbance
Permit. All properties to be filled in the Borough shall be filled
with clean fill or topsoil as defined in this chapter. In addition
to the Soil Disturbance Permit from the Borough, a Soil Erosion and
Sediment Control Certification may be required from the Ocean County
Soil Conservation District. The application for a Soil Disturbance
Permit shall be submitted to the Borough as follows:
A. If the soil
disturbance is necessary for the development of a project which has
been granted an approval from the Planning/Zoning Board, an application
shall be made to the Borough Engineer.
B. If the soil
disturbance is necessary for the development of a project which has
not been granted an approval from the Planning/Zoning Board, an application
shall be made to the Borough Engineer.
C. The requirements
of this chapter shall not apply when one of the following occurs or
is proposed for the development of a project:
(1) When
the removal and exportation of soil is required as a result of excavation
for the development of one (1) single-family dwelling or accessory
structures and site improvements, including in-ground swimming pools,
patios, driveways, and gardening primarily for home consumption; or
(2) When
the procurement of a Surface Water Management Plan approval from the
Borough Engineer is required for the development of a project in accordance
with the Land Use Chapter of the Mantoloking Code; or
(3) When
the total volume of topsoil and/or clean fill to be exported or imported
is less than ten (10) cubic yards and a Surface Water Management Plan
approval is not required. However, all earthen material to be imported
shall be clean fill, as defined in this chapter, for any volume, quantity,
or amount of earthen material imported to any property within the
Borough of Mantoloking, and all soil disturbance activities shall
not negatively impact adjacent properties or public rights-of-way,
including the redirection of stormwater surface runoff.
The Borough Engineer or Zoning Official shall enforce the provisions
of this chapter, including, but not limited to, those violations arising
out the failure of any person or entity to apply for and obtain a
Soil Disturbance Permit. The Borough Engineer shall complete the necessary
inspections in accordance with this chapter or conditions of permit
approval, and whenever directed by the Borough, for active Soil Disturbance
Permits to ensure proper completion and implementation of the terms
and conditions of the issued Soil Disturbance Permit. The Borough
Engineer or Zoning Official shall report all violations and take any
action deemed necessary for proper enforcement to address emergency
conditions, public health and safety concerns, and/or negative impacts
to adjoining properties and rights-of-way.