This section shall be known as the "Soil Fill Ordinance of the
Township of Andover."
The Township Committee finds that the unregulated and uncontrolled
placement and movement of soil and other mineral deposits can result
in conditions detrimental to the public safety, health and general
welfare. Such conditions substantially hamper and deter the efforts
of the Township to effectuate the general purposes of municipal planning.
Soil movement operations and filling operations should relate to the
overall physical development of the area within which the operation
is located. It is essential that all soil movement operations and
filling operations be reviewed and approved by the Township Zoning
Officer and/or Township Engineer. All soil movement operations and
filling operations must be conceived and operated in such a way that
there will be no appreciable harmful effects to the environment. In
order to best ensure that all soil movement operations and filling
operations are an asset to the Township of Andover, rather than a
liability, all such operations shall adhere to the conditions, restrictions
and provisions outlined in this chapter.
The words defined in this section shall mean and include the
following when used in this chapter:
APPROVED PLAN
A plan for the placement of soil fill approved by the Zoning
Official and/or the Township Engineer (minor permit) or by the Township
Land Use Board (major permit) pursuant to the provisions of this chapter.
MINOR SOIL FILL PERMIT
A permit for the fill of more than a cumulative total of
100 cubic yards of soil but less than 500 cubic yards of soil.
PERSON
Includes an individual, a partnership, a corporation or any
other legal entity.
SOIL FILL
For the purpose of this chapter, "soil fill" shall include
dirt, stone, gravel, sand, humus, clay, loam and mixtures of any of
these. This shall not include quarry process or rock products utilized
in the construction of roads, driveways or similar types of construction.
Materials such as asphalt, asphalt millings, concrete, bricks and
other inorganic materials shall not be used as soil fill.
TOPSOIL
The arable soil within eight inches of the surface.
No person shall fill or cause the placement of any soil on any
premises in the Township of Andover, whether such fill be for sale,
gift or otherwise, unless a permit therefor is first secured from
the Township Zoning Official and/or Township Engineer or the Township
Land Use Board as hereinafter provided. A permit shall not be required
for the moving or placement of fill or less than 100 cubic yards of
soil.
The application for a major soil fill permit shall be accompanied
by a topographic map or maps prepared and certified by a professional
engineer or land surveyor. The scale of said map shall not be more
than 100 feet to the inch and shall include the following:
B. Existing contour lines at five-foot intervals.
C. Proposed contour lines at five-foot intervals after fill of the soil.
D. All existing structures and all existing roads and drainage within
200 feet of the property.
E. Location of all property lines.
F. Location of any wetlands, streams, or other environmentally sensitive
areas on the property.
G. Location of any topsoil storage areas.
Upon receipt of an application for a major soil fill permit,
the Land Use Board Secretary shall forthwith send a copy of same to
the Zoning Officer, Construction Official, Township Engineer, and
the Environmental Commission, who shall review the application, and
they shall make best efforts to submit their reports and recommendations,
and their reasons, to the Township Land Use Board within 30 days of
receipt of the application. Failure to file such a report within the
required time period may be deemed an approval of the application
by such department, officials and commissions.
In considering and reviewing the application and arriving at
a decision, the Zoning Officer and/or Township Engineer (minor permit)
and the Township Land Use Board (major permit) 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 sand.
D. Lateral support of abutting streets and lands.
E. Public health and safety.
G. Contours, both existing and proposed.
H. Existing contours and topographic character of the land prior to
the placement of any soil and proposed contours which will result
subsequent to the placement of soil in accordance with the soil fill
application.
I. Whether the proposed placement of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed placement of fill constitutes primarily a commercial
activity.
A permit shall be issued after the approval of the application
by the Zoning Officer and/or the Township Engineer (minor permit)
or by the Land Use Board (major permit). The approval shall specifically
list the total number of cubic yards of soil authorized to be filled
as calculated by the Township Engineer based upon the contour maps
submitted and approved.