Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 4/4/85 and prior 1978 Code §§ 8-301 — 8-306. Ordinance No. 02-04 amended the title of Chapter 11 to add the words "AND IMPORTATION."
[Ord. #93-19, § 11.1]
As used in this Chapter:
Shall mean all contiguous lands owned by the same person
or entity.
Shall mean and include 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, sand, humus, clay,
loam, minerals, topsoil, and any mixtures thereof.
[Ord. 93-19, § 11.2]
All quarrying or mining of soil is prohibited in the Township
of Hope. This section is subject to the power of the Zoning Board
of Adjustment of the Township of Hope to grant a variance permitting
quarrying and/or mining pursuant to N.J.S.A. 40:55D-70(d).
[Ord. #93-19, § 11.3]
The removal of more than 50 cubic yards of soil in any one year
period from any property situate within the Township of Hope is prohibited
unless a soil removal permit has been obtained from the Hope Township
Committee.
[Ord. #93-19, § 11.4]
Applications for soil removal permits, on forms available from
the Township Clerk, shall be filed with the Township Clerk together
with the supporting documentation as set forth on Schedule A, which
said Schedule is specifically incorporated as part of this Chapter
by reference.
The Committee may, at the request of applicant, and for good
cause shown waive any of the requirements as set forth in Schedule
A.[1]
[1]
Editor's Note: Schedule A, referred to herein, may be found
on file in the office of the Township Clerk.
[Ord. #93-19, § 11.5]
Applications for soil removal permits shall be heard and considered
by the Township Committee at the first regular monthly meeting of
said Committee held not less than 15 days after filing of the application.
[Ord. #93-19, § 11.5]
The testimony of all witnesses relating to an application for
a permit shall be taken under oath by the presiding officer or such
person as he may designate and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
[Ord. #93-19, § 11.5]
Technical rules of evidence shall not be applicable to the hearing,
but the Hope Township Committee may exclude irrelevant material or
unduly repetitious evidence.
[Ord. #93-19, § 11.5]
Applicant shall provide a minimum of seven days written notice
to the owners of all real property, as shown on the current tax duplicates,
located within two hundred (200') feet in all directions of the property
which is the subject of the hearing stating: the date, time and place
of the hearing; the nature of the matters to be considered; the identity
of the property proposed for soil removal by street address, if any,
and by reference to lot and block numbers as shown on the current
tax duplicates; and a statement that the application, together with
all documents submitted with it, is available for inspection at the
Township Clerk's office. Notice shall be deemed complete upon mailing
by certified mail evidenced by an Affidavit of Proof of Service.
[Ord. #93-19, § 11.5]
The tax assessor of the Township shall, within seven days after receipt of a request from an applicant and upon receipt of a fee of $10 make and certify a list from the current tax duplicate of names and addresses of owners to whom applicant is required to give notice pursuant to subsection 11-5.4 above.
[Ord. #93-19, § 11.6]
A soil removal permit shall be issued by the Township Clerk
after public hearing and approval of an application by the Hope Township
Committee. The permit shall indicate the total yards of soil authorized
to be excavated and/or removed. The permit shall be valid for a term
of six months from the date of its issuance and the permit shall automatically
expire six months from its date of issue. In determining whether to
approve an application for a soil removal permit, the Hope Township
Committee shall consider all facts presented by the applicant and
interested residents of the Township of Hope, with particular consideration
being given to the following factors:
a.
Whether the proposed excavation and removal of soil is necessary
and incidental to the development of the property for its intended
use;
b.
Existing zoning ordinances applicable to the property;
c.
Impact upon surrounding property owners;
d.
Impact upon the general public health, safety and welfare of the
citizens of the Township of Hope;
e.
Soil erosion;
f.
Soil fertility;
g.
Impact upon existing contours and topographic character of the property
by the proposed excavation and removal of soil; and
h.
Effect of excavation and soil removal upon surface water drainage
and existing streams and wetlands.
[Ord. #93-19, § 11.7]
Prior to or upon expiration of a permit, an applicant may submit an application for renewal or modification of the permit following the application procedures set forth in Section 11-4 except that applicant need not resubmit documentation previously supplied in conformance with Schedule A of this Chapter.[1] The applicant shall also comply with the notice provisions of Section 11-5.
[1]
Editor's Note: Schedule A, referred to herein, may be found
on file in the office of the Township Clerk.
[Ord. #93-19, § 11-8]
The removal of soil undertaken pursuant to a soil removal permit
shall be performed in strict compliance with the terms and conditions
of said permit. To ensure compliance, the Hope Township Committee
may instruct the Township Engineer to conduct periodic field checks.
In the event the Township Engineer determines that soil excavation
and removal is not proceeding in compliance with the soil removal
permit, the Township Engineer shall provide written notice of noncompliance
specifying the necessary remedial action and providing the holder
of the permit 10 days within which to comply with the notice. If compliance
is not forthcoming within 10 days of the date of the notice of noncompliance,
the Township Engineer may request the Hope Township Committee to suspend
or revoke the soil removal permit and the Hope Township Committee
may, after affording the holder of the permit reasonable notice and
an opportunity to be heard, undertake to revoke or suspend the permit
for any violation of the terms and conditions of the soil removal
permit.
[Ord. #93-19, § 11.9]
a.
A nonrefundable application fee in the amount of $1,000 shall be
submitted with each initial application for a permit.
b.
Each application for renewal or modification shall be submitted with
a nonrefundable fee in the amount of $500.
c.
Upon approval of an initial application or approval of an application
for renewal of an existing permit, applicant shall pay an additional
nonrefundable fee of $250 to cover the cost of periodic field inspections
by the Township Engineer.
[Ord. #93-19, § 11.9]
The Hope Township Committee shall require, upon approval of
an application, the posting of a performance bond in a form and with
surety approved by the Township Attorney in the amount of $3,000 per
acre of disturbed soil to ensure the removal of soil pursuant to the
terms and conditions of the permit. The Hope Township Committee shall
accept or reject an applicant's performance based upon the written
recommendation of the Township Engineer within 60 days of receipt
of written notice from the applicant that the soil removal has been
completed and property restored in accordance with the restoration
plan approved as a condition of the permit. The bond shall be discharged
upon completion and acceptance of applicant's work. In the event that
the soil removal is not completed in conformance with the terms and
conditions of the maps and plans approved in conjunction with the
permit, the Township of Hope shall have the authority to draw down
on the performance bond in order to complete same.
[Ord. #02-04; amended 12-13-2023 by Ord. No. 2023-17]
a.
No person shall import soil to a site within the Township of Hope
in quantities of one hundred (100) cubic yards or more individually
or cumulatively within a period of one year 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 one hundred dollars ($100.00) plus ten dollars ($10.00)
per thousand (1,000) cubic yards in excess of one hundred (100) cubic
yards. Where there is an approved site plan and said site plan approval
includes the importation of soil, no permit or fee will be required.
In no event shall trash, waste material, construction or demolition
debris be permitted to be imported into the Township unless expressly
authorized by vote of the Township Committee.
b.
The application shall disclose the address and location from which
the soil is to be obtained, the owner or representative of the owner
of the premises from which the soil is to be obtained and the kind
and quality of soil to be imported.
c.
The Township Engineer shall review all such applications and if in
the opinion of the Township Engineer, professional review of the application,
including physical examination or testing of soil is required, the
Engineer shall forward all pertinent materials to a soil consultant
or environmental consultant for review and for a certified testing
soil laboratory report which shall be delivered to the Township Committee
within 30 days from the date of a completed application. The report
of the consultant shall be accompanied by an invoice for the service
performed. The applicant shall establish an escrow fund in the Township
Clerk's office to satisfy the cost of testing and professional review
upon an estimate of the cost involved by the Township Engineer.
d.
If, during the course of soil importation, the Township Engineer
shall determine that a physical examination of the material involved
is required for the protection of public health and safety, the Township
may retain a soil consultant to examine the fill material at the sole
expense of the applicant who shall establish an escrow account to
cover the cost as approved. If the results of such examination indicate
the presence of material, which is harmful, dangerous, toxic or hazardous
to the public, all soil importation activities shall cease, and the
soil in question shall be removed in accordance with the direction
of the Township Engineer.
[Added 12-13-2023 by Ord. No. 2023-17]
Permit(s) obtained pursuant to Subsection 11-10.1 hereof shall be valid for a one-year term only.
[Added 12-13-2023 by Ord. No. 2023-17]
a.
Escrow.
No application under this Section shall be considered unless the Applicant
has deposited with the Zoning Officer initial escrow moneys in the
amount of two thousand dollars ($2,000.00) for engineering, legal,
and other costs generated by the application. A minimum escrow balance
of one thousand dollars ($1,000.00) shall be maintained.
b.
Fees
Waived. Where there is an approved site plan and said site plan approval
includes the importation of soil, no permit, fee, or escrow deposit
fee will be required from the Applicant.
