[1979 Code § 88-1; Ord. No. 11-85; Ord. No. 02-14 § 26-18]
The Township Committee finds and determines that the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
on a large scale or for sale or for use other than on the premises
has or may result in conditions detrimental to the public safety,
health and general welfare, substantially hampering and deterring
the efforts of the Township to effectuate the general purpose of municipal
planning.
[1979 Code § 88-2; Ord. No. 11-85]
The article shall be known and may be cited as the "Township
of Green Soil Removal Regulations."
[1979 Code § 88-3; Ord. No. 11-85; Ord. No. 02-14 § 26-20]
As used in this article:
Shall mean a plan for soil removal approved either by the
Zoning Board of Adjustment as a special use and by the Township Committee
pursuant to the provisions of this article, or (in the case of nonconforming
use, by the Planning Board and Township Committee) pursuant to the
provisions of this article.
Shall mean soil that, when dry, contains not less than 4%
by weight of organic matter and the balance of which is mineral matter.
Shall mean a soil removal permit.
Shall mean and include dirt, stone, gravel, sand, humus,
clay, loam and mixtures of any of these, but this shall not include
rock or refer to the quarrying of rock.
Shall mean the arable soil within eight inches of the surface.
[1979 Code § 88-4; Ord. No. 11-85; Ord. No. 02-14 § 26-21.1]
No person shall excavate for the removal of soil or otherwise remove soil in contravention of this article or for sale or for use other than on the premises from which the soil shall be taken, except in connection with excavation or grading incidental to construction or alteration of a building on such premises for which a building permit has been issued, except in accordance with an approved plan for which a permit has been first obtained. No application for a permit shall be made pursuant to this article until a special use permit has been obtained from the Zoning Board of Adjustment, except as otherwise provided in § 26-21.2. Soil erosion and sediment control plans may also be required should the area of disturbance exceed 5,000 square feet.
[1979 Code § 88-4.1; Ord. No. 11-85; Ord. No. 02-14 § 26-21.2]
In the case of soil removal operations presently in existence
as nonconforming uses, the owner or operator shall within 60 days
of adoption of this article file an application for a permit under
this article with the Planning Board. The Planning Board shall consider
the application and make its recommendations to the Township Committee
within 65 days from the date of the filing of the application.
[1979 Code § 88-4.2; Ord. No. 11-85; Ord. No. 02-14 § 26-21.3]
An application to the Zoning Board of Adjustment for a special use permit or to the Planning Board pursuant to § 26-21.2 shall be accompanied by:
a.
A map showing existing contour lines at two foot intervals.
b.
An aerial survey, which may be waived if, in the opinion of the Township
Engineer, such a survey is not practical.
c.
Proposed contour lines at two foot intervals after removal of the
soil.
d.
All existing structures on the subject premises and within 200 feet
thereof.
e.
All existing roads and drainage within 200 feet of the property.
f.
Location of topsoil storage areas.
g.
Methods of controlling silting of downstream properties.
h.
The elevation of the water table if it is within eight feet of the
proposed final contour, or certification that the water table is not
within eight feet of the proposed 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.
The maps shall also show all existing trees 2 1/2 inches
in diameter measured 4 1/2 feet from ground level, and the plan
for replacing the same number of trees with trees having a diameter
of 2 1/2 inches measured 4 1/2 feet from the top of root
level.
The application shall also indicate the total number of cubic
yards to be removed and the length of time within which the proposed
operation shall be completed, which shall normally not be for longer
than five years. Where a total project is not capable of being completed
within five years, it shall be broken down into two sections, one
of which shall be completed within five years and the other within
such further period not exceeding five years as the Planning Board
or Zoning Board of Adjustment may recommend or specify and the Township
Committee approve.
[1979 Code § 88-4.3; Ord. No. 11-85; Ord. No. 02-14 § 26-21.4]
In considering and reviewing the application and arriving at
its decision, the Planning Board or Zoning Board of Adjustment and
Township Committee shall be guided by and take into consideration
the public health, safety and general welfare and the general purposes
of municipal planning, and particular consideration shall be given
to the following factors:
a.
Soil erosion by water and wind.
b.
Surface water drainage.
c.
Soil fertility.
d.
Lateral support of abutting streets and lands.
e.
Public health and safety.
f.
Land values and uses.
g.
Contours both existing and proposed.
h.
Existing contours and topographic character of the land prior to
the removal of any soil and the proposed contours which will result
subsequent to the removal of soil in accordance with the soil removal
application.
i.
Whether the proposed removal of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed removal constitutes primarily a commercial activity.
j.
Effects of tree removal.
k.
Effects on water resources such as streams and wetlands.
In the event that after considering and reviewing the application
the resultant effect would be a creation of a lake, pond, hole, pit
or similar type of depression and further in the event that the nature
of the operation would be a wet-mining operation then, and in that
event in addition to the above referred to factors and these factors
alone, may be a sufficient basis for the denial for the permit.
[1979 Code § 88-4.4; Ord. No. 11-85; Ord. No. 02-14 § 26-21.5]
A permit shall be issued after approval of the application by the Township Committee. It shall show the total number of yards of soil authorized to be removed as calculated by the Township Engineer based upon the contour maps submitted, and also the duration or terms of the permit based upon the applicant's estimate of the time necessary to complete the proposed operation as provided for in § 26-21.3.
[1979 Code § 88-5; Ord. No. 11-85; Ord. No. 02-14 § 26-22.1]
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, and
in such manner that 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 article after a permit is granted.
[1979 Code § 88-6; Ord. No. 11-85; Ord. No. 02-14 § 26-22.2]
Arable soil within four inches of the surface shall not be removed
from the licensed owner's premises, but promptly on the completion
of operations, or as otherwise directed by the Township Committee,
the arable soil so retained shall be respread on the surface as uniformly
as possible and seeded with winter rye or other suitable planting.
If the soil within four 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.
[1979 Code § 88-7; Ord. No. 11-85; Ord. No. 02-14 § 26-22.3]
The following regulations shall be observed:
a.
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 therefrom immediately upon notice by the Township
Engineer to the permittee of the accumulation.
b.
All operations shall be conducted in strict accordance with any State law, including the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., other ordinances of the Township, including Article I, and their terms and conditions of any permit granted for the operations. No operation shall be permitted within 100 feet of any stream or wetland as defined in the land use regulations unless it can be shown that soil removal would not alter the quantity or quality of the water nor adversely affect the rate of water flow and that the final finishing grade requires soil removal within the 100-foot distance.
c.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the Township, and in no event shall the operation
create any extra hazardous or unsafe condition with regard to any
person or persons.
d.
Upon completion of any operation or of excavation from an 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 trees planted 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.
e.
Soil shall not be removed except in accordance with the approved
plan, which plan may, upon application, be amended by the Board of
Adjustment or Planning Board and Township Committee, as the case may
be.
f.
No soil shall be removed which is within eight 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.
g.
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 regulation 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.
h.
Each permittee shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine months after
issuance of the permit, which shall consist of a sketch map at a scale
of one inch to 100 feet showing contours every two 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.
i.
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 areas at any one time without a replacement of topsoil and
reseeding of the premises unless otherwise permitted by the Township
Committee for good cause shown.
j.
Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this section and § 26-22.2 of this article shall be completed within 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 same, the work shall be completed within the additional time as may be specified by the Township Committee.
k.
The Township Committee may modify or waive any of the above conditions
or regulations where the applicant can show undue hardship by reason
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 thereon prior to taking final action.
[1979 Code § 88-8; Ord. No. 11-85; Ord. No. 02-14 § 26-22.4]
Hours of operation shall be limited, from 7:00 a.m. to 6:00
p.m. Mondays through Saturdays, except in emergencies when authorized
by the Township Committee. There shall be no operation of any kind
or character on Sundays or legal holidays, except in emergencies when
authorized by the Township Committee.
[1979 Code § 88-9; Ord. No. 11-85; Ord. No. 02-14 § 26-22.5]
While working an area, the working face of the excavation shall
not exceed 60° from the horizontal, nor shall a 60° angle
have a vertical height exceeding 30 feet, except that when soil conditions
permit a greater angle or height or require a lesser angle 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 30° from the
horizontal. Where an excavated area adjoins a public road which has
been dedicated to the public, no excavation shall be made below the
level of the road for a distance of 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 50 feet
from any building, the finished grade thereof shall not exceed 10%
or be less than 2%. Care should be taken so that there shall be no
diversion of surface water either during the operation or after the
project is complete.
[1979 Code § 88-10; Ord. No. 11-85; Ord. No. 16-88; Ord. No. 14-97 § H; Ord. No. 02-14 § 26-22.6]
a.
Application and Inspection Fees. Upon application for a permit pursuant
to the provisions of this article, the applicant shall pay a fee in
the amount of $100 to cover the cost of the initial review of the
proposed soil removal operation. Any costs, including the costs of
legal, engineering or other expert advice, incurred by the Township
in reviewing any application for a soil removal permit or in connection
with the inspection of a proposed soil removal operation which in
the aggregate exceeds $450 shall be reimbursed to the Township by
the applicant prior to the issuance of a permit. Upon issuance of
a permit, the applicant shall pay a fee of $350 to cover the periodic
field checks by the engineer during the first year of operation.
Annually thereafter, a permittee shall reimburse the Township
for the cost of all periodic inspection fees as well as for any extraordinary
costs or expenses necessitated as the result of unforeseen difficulties
or exigencies or necessitated by or resulting from any violation of
any provision of this article.
b.
Bond Required. Before any work is done for which a permit is required, and during the period covered by the permit, the applicant shall file and maintain a bond in form and with surety approved by the Township Attorney in an amount as 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 the terms thereof. The bond shall be in amount of not less than $3,000 per acre of land which is actually being worked in accordance with the approved plan. The bond shall cover the respreading of topsoil as required by the provisions of § 26-22.2 and also final provisions for drainage of the site and grading to final contour.
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 performance has been completed,
the obligor shall notify the Township Committee in writing by certified
or registered mail of the completion thereof and shall send a copy
thereof to the Municipal Engineer. The Township Committee shall authorize
the Municipal Engineer to inspect the site to determine that all requirements
of the approved plan have been complied with. The Municipal Engineer
shall thereupon file a report in writing with the Township Committee
which shall be detailed and shall indicate either approval, partial
approval or rejection. If the work covered by the bond or performance
guarantee or any portion thereof shall not be approved, or shall be
rejected by the Municipal Engineer, the report shall contain a statement
of reasons for such nonapproval or rejection. Where the rejection
indicates partial approval of the improvements or works it shall indicate
the costs 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 or registered mail of the contents
of the report and the action of the Township Committee in relation
thereto, not later than 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 bond except for that portion adequately sufficient to secure
the work not yet approved.
d.
Revocation of Permit. After reasonable notice and an opportunity
to be heard before the Township Committee, the permit of any person
may be revoked or suspended for the period as the Township Committee
may determine for any violation of the terms hereof or the terms and
conditions of any approved plan and permit granted hereunder.
e.
Soil Removal.
1.
Zero to 1,500 cubic yards: $50
2.
One thousand five hundred one to 10,000 cubic yards: $100.
3.
Ten thousand one to 50,000 cubic yards: $200.
4.
Fifty thousand one cubic yards and over: $400.
5.
In addition to the filing fee, for all major subdivisions and for
minor subdivisions when the Planning Board determines there is need
for professional services, the application shall be accompanied by
a deposit to cover the cost of review and inspection services provided
by the Township Engineer, other Township personnel, professional consultants
and other required expenses. The amount of deposit shall be the estimated
amount of such costs as determined by the Township Engineer. The Township
Treasurer shall place such deposit in a trust account, make appropriate
disbursements and return any unused portion of the deposit to the
applicant. If such costs exceed the amount of the deposit, additional
funds shall be deposited by the applicant. Provided it shall be the
responsibility of the applicant to formally request in writing within
one year of the date of final determination of the application for
such funds that have been posted.
