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Township of Montague, NJ
Sussex County
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[Adopted by the Township Committee of the Township of Montague 1-22-2019 by Ord. No. 2019-01. Amendments noted where applicable.]
This chapter shall be entitled "Removal and Importation of Soil and Fill Materials."
To regulate and control the removal of soil from Township properties, and to regulate and control the importation of soil and fill materials into, and the placement within, Township properties, for the protection of the environment and public health, safety, and general welfare. The provisions of this chapter shall apply to all lands in the Township except those owned by a governmental entity.
Identical to § 57A-3.
This Chapter 57B adopts the definitions as set forth in Chapter 57A, unless the word or words are specifically defined in this § 57B-4.
In addition, as used in this chapter, the following terms shall have the meanings indicated:
FILL
Soil and any other material, whether natural or manufactured, put into a depression or hole in the ground or used to create mounds or otherwise artificially change the grade or elevation of real property. In no instance shall fill be comprised of construction debris, trash, vegetative debris, or other forms of waste.
MAJOR SOIL FILL PROJECT
Projects involving 300 cubic yards or more of soil or fill.
MILLINGS
Recycled asphalt pavement ("RAP").
MINOR SOIL FILL PROJECT
Projects involving between 15 cubic yards and 299 cubic yards of soil or fill.
RECYCLED ASPHALT PAVEMENT ("RAP")
Asphalt millings (the material produced from the milling of roads before repaving) and pieces of asphaltic roadway pavement removed from the roadway surface or subbase, or from other asphalt-paved surfaces such as parking lots.
SOIL
Includes dirt, stone, gravel, sand, humus, clay, loam, and mixtures of any of these, but shall not include quarry process or rock products utilized in the construction of roads, driveways, or similar types of construction.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, without first having procured permission from the appropriate municipal agency or official. No person shall import into any premises in the Township soil or fill, whether such materials be for sale, gift, or otherwise, unless permission is secured from the appropriate municipal agency or official.
A. 
The provisions of this chapter shall not apply to excavations or fill for building foundations, septic tanks, pools, or sanitary installations, provided that no excavation or construction of any kind shall take place until a construction permit has been approved by the municipal construction official or Department of Health as required by law.
B. 
The provisions of this chapter shall not apply to the importation or placement of less than 15 cubic yards of soil or fill.
C. 
The provisions of this chapter do not regulate the movement and placement of soil or fill directly related to authorized agricultural practices approved by the State Agricultural Development Committee on farmland-assessed properties within the Township and does not supersede any rights granted under the Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
D. 
A separate permit under this chapter shall not be required for subdivisions and/or site plans approved pursuant to the municipal land development ordinance.
E. 
The provisions of this chapter shall not apply to the storage of sand, soil, stone, topsoil, mulch, or other similar materials on lawfully existing landscaping and contractor yards provided that the outdoor storage of such materials is a lawful activity.
A. 
The applicant shall complete a form prepared by the Township providing contact information, permission to inspect, and ownership authorization. For a minor soil fill project the applicant shall provide an informal sketch of the property and the intended project sufficient for the reviewing official to classify the project as minor and of no significant negative impact on the health and safety of the public pursuant to the factors described below.
B. 
For a major soil fill project the applicant shall provide a survey of the premises showing the existing contour lines and proposed contour grades resulting from the intended soil removal or fill importation in relation to the topography of the premises. An application fee and appropriate escrow for professional review shall be charged as provided for in the Township Fee Ordinance.[1]
[1]
Editor's Note: See Ch. 18, Fees and Costs.
C. 
The municipal agency or official shall take into consideration the following factors in assessing the project, including soil erosion by water and wind; drainage; soil fertility; adequate lateral support slopes and grades of abutting streets and land; whether the soil removal or placement is necessary and incidental to the development of the property for its intended use or whether the proposed work constitutes primarily a commercial activity; land values and uses; and such other factors as may bear upon or relate to the coordinated, adjusted, and harmonious physical development of the Township, and the public health and welfare.
D. 
A minor soil fill project shall be within the jurisdiction of the municipal Zoning Officer.
E. 
A major soil fill project shall be within the jurisdiction of the municipal land use board and shall be considered as if a site plan application with all requirements related thereto.
F. 
Before any permit or permission for a major soil fill project is granted and issued, the owner or applicant shall file with the Township a performance guarantee in an amount to be determined during permit consideration that shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted.
G. 
If a permit is issued for the removal or importation of soil or fill as provided herein, the owner or person in charge shall conduct the operation such 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 shown on the approved plan.
H. 
An owner or applicant shall ensure public rights-of-way that are used for transport of material are kept free of sediment, dirt, and debris related to the soil transportation operation.
Recycled asphalt pavement ("RAP"), also known as "millings," are not to be used on any property except in accordance with regulations promulgated by the New Jersey Department of Environmental Protection. See "NJDEP Recycled Asphalt Pavement and Asphalt Millings (RAP) Reuse Guidance," Version 1.0 published in March 2013. RAP shall not be deposited on any roadway, including the full width of right-of-way.
In no instance can material imported for deposit on property within the Township be comprised of construction debris, trash, vegetative debris, or other forms of waste.
Pursuant to permission to be granted by the owner or applicant in its application, the municipal Zoning Officer and municipal Engineer shall have the right to enter upon the subject property for the purpose of inspection of the operation and the testing of material on the property without advance notice. All professional fees and testing expenses are chargeable to the owner or applicant.
A first-time violation of this chapter shall subject the violator to a fine of up to $2,000. Second-time and subsequent violations shall subject the violator to a fine of up to $2,000 and/or imprisonment for a period of up to 90 days and/or a period of community service not exceeding 90 days, per N.J.S.A. 40:49-5. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.