[1982 Code § 11-1.1]
The Township Committee finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale 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.
[1982 Code § 11-1.2]
This section shall be known and may be cited as the "Frankford Township Soil Removal Regulations".
[1982 Code § 11-1.3]
As used in this section:
ARABLE SOIL
Shall mean soil that, when dry, contains not less than 4% by weight of organic matter and the balance of which is mineral matter.
COMMITTEE
Shall mean the Township Committee of the Township of Frankford.
PERMIT
Shall mean a soil removal permit issued under the terms hereof.
PERSON
Shall include an individual, a partnership, a corporation or any other legal entity.
SOIL
Shall mean and include dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
TOPSOIL
Shall mean the soil within eight inches of the surface.
TOWNSHIP
Shall mean the Township of Frankford.
[1982 Code § 11-1.4]
No person shall excavate for the removal of soil or otherwise remove soil 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 without having an effective permit therefor approved by the Township Committee.
[1982 Code § 11-1.5; Ord. No. 95-14; New]
Before the issuance of a permit, the applicant shall make application therefor on a form available from the Township Clerk and the data in said application or accompanying documents shall show the following:
a. 
The name and address of the owner or owners of the tract involved and the name and address of the applicant, if a different person is involved. The signed consent of the owner shall be required if the applicant is not the owner.
b. 
A map of the premises for which the permit is sought showing the existing and proposed topographical contour lines of the land involved at five foot intervals and abutting lands and roads within 400 feet of the perimeter of the proposed topographical contour grades which will result from the intended soil removal, and the location of any streams or other bodies of water near the premises, provided that this subsection shall not apply to soil removal banks existing as of the time of enactment of this section.
c. 
The tax block and lot number of the property involved.
d. 
A description of any processing of the soil which will be done on the premises including description of equipment and plans of such processing equipment and facilities.
e. 
The name and address of the person who will do the work of removing the soil.
f. 
The number of cubic yards to be removed pursuant to the permit.
g. 
Zoning classification of lands involved and a copy of the recommendations of the Land Use Board, who shall first review (and approve) the site plan.
h. 
Routes to and from the proposed site to be used in transporting soil removed, including all entrances and exits, ramp grades and loading site.
i. 
Period for which the permit is sought.
j. 
A plan of operation showing the area from which removal will be made, the schedule of removal and final plans for site drainage in the event the operation may create drainage problems on adjoining roads, plans and easements for drainage must be submitted to correct such conditions.
k. 
Test drilling records or other data showing the depth of the water table in the area where removal is planned.
l. 
Evidence satisfactory to the Township that the permittee has satisfactory insurance coverage in place during all period of operation and in an amount not less than $1,000,000 per accident, combined single limit liability for personal and bodily injury and property damage. The Township shall be designated as a named insured under the permittee's insurance policy.
m. 
Where a permit is not sought at the time when an application is filed for the entire area which will ultimately be utilized for soil removal, details in accordance with the foregoing sections for the permit area and the entire area shall be furnished.
All data required in the nature of maps and plans for new soil removal permits must be prepared and certified by a professional engineer. Inspection by the Township Engineer shall suffice for all gravel banks existing at the time of enactment of this section. When a renewal permit is sought, only data regarding changes from the original application need be submitted.
[1982 Code § 11-1.6; Ord. No. 95-5]
Each such application and each application for renewal shall be accompanied by an application fee payable to the Township Clerk as follows:
Less than 5,000 cubic yards
$50
5,000 cubic yards to 10,000 cubic yards
$100
10,000 cubic yards to 20,000 cubic yards
$200
Over 20,000 cubic yards
$400
And in addition all engineering, legal or other disbursements incurred by the Township pertaining to the operation.
Where reinspections of the area subject to a permit are caused by violations of this section or the conditions of the permit as issued, the permittee shall pay a fee of $50 for each such reinspection.
[1982 Code § 11-1.7]
The application shall be filed with the Township Engineer and the application shall be investigated by him. The Township Engineer shall make recommendations to the Township Committee rejecting or approving the application within 45 days. If not approved within 45 days, it shall be considered rejected. A report shall be filed with the Township Committee by the Township Engineer indicating specifically whether the proposed operation will result in any sharp declivities, pits or depressions, soil erosion or fertility problems, water table, drainage or sewerage problems, damage to public roads or other dangerous conditions and recommending reasonable conditions regarding the permit to be issued including the following:
a. 
Area shown on map, if any, where excavation should not be permitted because of adverse effects on abutting property, water table, drainage or roads.
b. 
Changes, if any, in permitted contours and slopes to be accomplished by proposed removal.
c. 
Least contiguous area not to exceed five acres from which topsoil may be stripped to permit soil removal before replacement of arable soil for seeding or planting thereof, with consideration given to the number of yards to be removed and duration of the requested permit.
d. 
Amount of bond to be required in accordance with subsection 26-1.9.
e. 
Capacity of public roads to be used for ingress and egress to withstand damage from proposed operation.
f. 
Any other recommended considerations or conditions to protect the public welfare or adjoining properties or roads.
[1982 Code § 11-1.8]
The Township Committee shall grant or deny such permit after giving due consideration to the effect of such permit on the public health, safety, and general welfare and particularly the following factors:
a. 
Soil erosion by water and wind.
b. 
Drainage, water table or sewerage problems.
c. 
Soil fertility.
d. 
Lateral support slopes and grades of abutting roads and lands.
e. 
Drainage to existing roads.
f. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
If the Township Committee finds that the permit, if granted, will not have an adverse effect on the above considerations, the permit shall be issued. Permits may be issued with reasonable conditions designed to meet the recommendations made under subsection 26-1.9. All such permits issued hereunder shall be valid for the period of one year from the date of approval by the Township Committee. The applicant must renew the permit annually.
[1982 Code § 11-1.9]
Before any work is done for which a permit is required, and during the period covered by a permit, the applicant shall file and maintain a bond in form and with surety acceptable to the Township Attorney in such 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 an amount of not less than $3,000 per acre of land which must be recovered with arable soil and reseeded or planted. It shall also cover the cost of repairing public roads likely to be damaged by the transportation of materials or equipment and final provisions for drainage for the site. To the overall amount thereof, there shall be added 15% to cover legal and engineering fees which may be incurred in the event of default.
[1982 Code § 11-1.10; New]
In the event a permit is denied by the Township Committee, the Township Clerk shall notify the applicant of such action in writing. An applicant or any person aggrieved by issuance or denial of a permit may request a hearing before the Land Use Board within 10 days of the denial or issuance of such permit regarding the permit or any of the conditions thereof. Within 30 days after such request, the Land Use Board shall conduct a hearing, upon reasonable notice to the applicant, and thereafter either recommend to the Township Committee that they affirm, reverse or modify their original actions, and state the reasons for such recommendations.
[1982 Code § 11-1.11]
No soil shall be removed nor shall any operation be conducted so as to violate any of the following conditions after a permit is granted:
a. 
Arable soil within eight inches of the surface shall not be removed from the licensed owner's premises, but promptly on completion of operations, in each contiguous five acre area as defined in the permit, 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 eight inches of the top is not arable soil, arable soil must be spread thereon promptly when the operation is completed in each such area. Provision must be made for adequate drainage after the top soil is replaced.
b. 
Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads.
c. 
All operations shall be conducted in strict accordance with any State law, other ordinances of the Township, and the terms of the applications as modified by the permit as granted.
d. 
The operation shall be so conducted as not to constitute a nuisance to adjoining owners and in no event shall any sharp declivities, pits, depressions or other safety hazards be created.
e. 
Upon completion of an operation or of any excavation from an area delineated under subsection 26-1.7c, the area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Township Engineer.
f. 
Soil shall not be removed except from one contiguous area at a time and no more than five acres of a contiguous area may be opened for operation at any one time.
g. 
No soil shall be removed which is within eight feet of the existing water table.
h. 
While working an area, the working face of the excavation shall not exceed 60° and the slopes along the perimeter of the excavated area when operations are completed shall not exceed 30° from the horizontal. Where an excavated area adjoins a public road or a road which has been dedicated to the public, the finished grade shall be level with the road for a distance of 100 feet back from the center of the road. Where an excavated area is within 50 feet of any building, the finished slope thereof shall not exceed 5°. Where an excavated area adjoins abutting property, the finished slope shall not exceed 5° for a distance of 50 feet back from the property line.
i. 
Hours of operation shall be limited to the following: 7:00 a.m. to 5:00 p.m., Mondays through Saturdays. There shall be no operations of any kind or character on Sundays.
j. 
Each licensee shall furnish a progress report to the Township Engineer six 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 five 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. In lieu of such a report, a licensee may submit an aerial photograph at the same scale of the area which is licensed. Such progress reports or aerial photographs shall be submitted on sheets having dimensions of 24 inches by 36 inches. Soil removal existing at the time of enactment of this section shall be excepted from the terms of this subsection.
k. 
Each such operation shall be inspected by the Township Engineer six months after issuance of the permit and a written report of such inspection shall be made to the Township Committee.
l. 
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 operations.
m. 
The Township Committee may modify or waive any of the above conditions when the applicant can prove undue hardship by reason of topography, grade, or other special conditions, or when such modifications would clearly be in the public interest. The reasons for all modifications must be clearly stated on the permit.
[1982 Code § 11-1.12]
After reasonable notice and an opportunity to be heard before the Township Committee, the permit of any person may be revoked or suspended for such period as the Township Committee may determine, for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
[1982 Code § 11-1.13]
The Construction Official, Building Subcode Official, Township Engineer, Board of Health, any member of the Township Committee and their agents shall have the right at all times to inspect any property where a permit has been issued under this section.
[1982 Code § 11-1.14]
In addition to action on the bond required or the revocation provided for herein, any person who violates this section or any director or officer of a corporation who permits or participates in a violation of this section or the conditions of the permit shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues shall be considered a separate and distinct violation hereof.
[1982 Code § 11-1.15]
Permits issued under this section are nontransferable or assignable.
[1982 Code § 11-2.1]
This section shall be known as the "Soil Erosion and Sediment Control Regulations of the Township of Frankford."
[1982 Code § 11-2.2]
The purpose of this section is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
[1982 Code § 11-2.3]
As used in this section:
APPLICANT
Shall mean a person, partnership, corporation or public agency requesting permission to engage in land disturbance activity or seeking site plan or subdivision approval from the Land Use Board.
CRITICAL AREA
Shall mean a sediment producing highly erodible or severely eroded area.
EROSION
Shall mean detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by State Soil Conservation Committee.
EXCAVATION OR CUT
Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
FARM CONSERVATION PLAN
Shall mean a plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
LAND
Shall mean any ground soil, or earth including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
Shall mean any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
MULCHING
Shall mean the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
PERMIT
Shall mean a certificate issued to perform work under this section.
SEDIMENT
Shall mean solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
Shall mean a barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material.
SITE
Shall mean any plot, parcel or parcels of land.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
STATE SOIL CONSERVATION COMMITTEE
Shall mean an agency of the State established in accordance with the provisions of N.J.S.A. 4:24-1 et seq.
STRIPPING
Shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and grubbing operations.
SUSSEX COUNTY SOIL CONSERVATION DISTRICT
Shall mean a governmental subdivision of this State, which encompasses this municipality, organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.
[1982 Code § 11-2.4]
a. 
No land shall be disturbed by any person, partnership, corporation or public agency until such time as a plan for erosion and sediment control in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee has been approved and a valid land disturbance permit or building permit has been issued by the Construction Official.
b. 
No subdivisions, site plan, or land development plan shall be approved unless it includes a soil erosion and sediment control plan in accordance with the provisions of this section.
[1982 Code § 11-2.5; New]
a. 
On all site plans, preliminary subdivision plots, or other applications requiring Land Use Board approval and involving land disturbance, there shall be submitted to the Land Use Board a Soil Erosion and Sediment Control Plan. The Land Use Board may seek assistance from the Township Engineer or the Sussex County Soil Conservation District in the review of such plans. The Soil Erosion and Sediment Control Plan shall be filed with and become a part of the preliminary subdivision, site plan or other application and shall be subject to the same procedure for approval, denial or appeal as the application of which it is a part.
b. 
The Construction Official is to determine if Soil Erosion or Sediment Control Plan is required.
1. 
Prior to the issuance of a building permit for any construction not requiring Land Use Board approval and prior to the issuance of a land disturbance permit for any other activity, the Construction Official shall determine whether or not a Soil Erosion or Sediment Control Plan is necessary in order to promote the public health, safety, convenience and general welfare of the community. The applicant shall furnish such information as is required by the Construction Official to make this determination. Nothing in this provision shall be construed as authorizing the Construction Official to waive the requirements of a soil erosion plan for soil disturbances which represent a "project" as defined by Chapter 251 nor to limit the Construction Official's authority to require a soil erosion plan when soil erosion potential so dictates.
2. 
If the Construction Official determines that a Soil Erosion and Sediment Control Plan is required, such plan shall be submitted to and approved by the Construction Official prior to the issuance of a building permit or land disturbance permit. The Construction Official may seek assistance from the Township Engineer or the Sussex County Soil Conservation District in the review of such plans.
3. 
The Construction Official shall grant approval or denial of the plan within a period of 30 days of submission of a complete application, unless this period is extended by mutual agreement in writing. Failure of the Township to make a decision within such period or such extension thereof shall constitute approval of the Soil Erosion and Sediment Control Plan. The applicant shall be provided with written notice of such decision by the Construction Official. A copy of such decision including name of applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Sussex County Soil Conservation District. The Township shall also make available such other information as may be required by the District.
c. 
The applicant shall submit a separate soil erosion and sediment control plan for each non-contiguous site. Such plan shall contain:
1. 
A map of the site, at an appropriate scale not less than one inch equals 100 feet showing existing contour lines at two foot intervals. (A map showing general topography may be substituted at the discretion of the Land Use Board or Construction Official, as the case may be.)
2. 
The location and description of existing natural and man-made features on and surrounding the site including soil characteristics. Applications encompassing an area greater than three acres shall include a copy of the appropriate part of the USDA Soil Survey.
3. 
Location and description of proposed changes to the site.
4. 
Measures for soil erosion and sediment control, both temporary and permanent, which meet or exceed the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. Standards shall be on file at the offices of the Sussex County Soil Conservation District and the Township Clerk.
5. 
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates for control measures and for each step in the land disturbance and development sequence.
6. 
All proposed revisions shall be submitted for approval.
[1982 Code § 11-2.6; Ord. No. 2006-02 § 2]
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the Soil Erosion and Sediment Control Plan:
a. 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
b. 
Whenever feasible, natural vegetation shall be retained and protected.
c. 
The extent of the disturbed area and the duration of its exposure shall be kept to a practical minimum.
d. 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
e. 
Drainage provisions shall be provided as a combination of structural and nonstructural measures of controlling stormwater runoff in conformance with standards set forth in the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 and/or the requirements of Chapter 32, Stormwater Control, as applicable.
f. 
Water runoff shall be minimized and retained on-site whenever possible to facilitate groundwater recharge.
g. 
Sediment shall be retained on-site to the maximum extent feasible.
h. 
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
i. 
Permanent vegetative protection and erosion control measures shall be established as soon as practically possible.
[1982 Code § 11-2.7]
a. 
Prior to the issuance of a permit, the applicant shall file with the Township Clerk a performance guarantee in form and amount as specified by the Township Committee in conformance with the Engineer's recommendation. The guarantee shall be discharged after completion and approval of all work specified in the plan; and may be discharged in part, based on partial completion and approval, at the discretion of the Township Committee on recommendation of the Township Engineer.
b. 
All necessary soil erosion and sediment control measures installed under this section shall be adequately maintained for two years after final approval of such measures or until such measures are permanently stabilized as determined by the Construction Official.
c. 
The Township Committee may require a maintenance guarantee for a period not to exceed two years after final approval of the soil erosion and sediment control measures in an amount not to exceed 15% of the cost of the improvement or permanent installation.
[1982 Code § 11-2.8]
a. 
The requirements of this section shall be enforced by the Construction Official who shall inspect or require adequate inspection of the work. The Construction Official may seek assistance from the Township Engineer or the Sussex County Soil Conservation District in carrying out any provisions of this section. The applicant shall maintain the approved Soil Erosion and Sediment Control Plan at the site during construction.
b. 
The Construction Official shall be notified by the applicant at least 24 hours prior to the start of any project.
c. 
The Construction Official may require necessary measures to be promptly installed, and may require modifications to the plan when, in his judgment, such are necessary to properly control erosion and sediment.
d. 
In the event of failure to comply with the requirements of this section, the Construction Official may revoke building permits, refuse to issue further building permits, and issue stop work orders.
e. 
No approval for occupancy of any building shall be granted unless all needed soil erosion and sediment control measures have been completed or substantially provided for in accordance with this section.
f. 
The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures.
[1982 Code § 11-2.9]
If submitted as a part of any application for subdivision or site plan approval, no additional fees shall be charged under this section. In all other cases, the fee shall be $50 plus $5 per acre for each acre or part thereof in excess of three acres. Such fees shall accompany the initial application.
[1982 Code § 11-2.10]
The following activities are specifically exempt from this section:
a. 
Land disturbance associated with existing one and two family dwellings if such disturbance involves less than 5,000 square feet of land area.
b. 
Use of land for gardening primarily for home consumption.
c. 
Agricultural use of lands when operated in accordance with recognized good farming practices.
d. 
Minor subdivisions (The subdivision process alone is exempt. Land disturbance for construction or other purpose may require a permit under subsection 26-2.5b.)
[1982 Code § 11-2.11; New]
Any person aggrieved by any decision or action of the Construction Official or Land Use Board under this section may appeal to the Township Committee. Such appeal shall be made in writing and filed with the Township Clerk within 10 days from the date of the date of such decision or action. The appellant shall be entitled to a hearing before the Township Committee within 30 days from the date of appeal.
[1982 Code § 11-2.12; New]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $25 nor more than $3,000 for each offense. All fees, penalties and moneys collected under any provision of this section shall be paid to the Treasurer of the Township.
[Added 4-9-2019 by Ord. No. 2019-03]
No person shall cause the placement of any soil as defined in § 26-1.3 on any premises in the Township of Frankford whether such material be for sale, gift or otherwise, unless a permit therefore is first secured from the Township Engineer or the Township Land Use Board as hereinafter provided.
A permit shall not be required when any of the following exceptions/exemptions are applicable:
a. 
Soil moved from any property located within the Township of Frankford to another property also located within the Township.
b. 
Soil imported from any licensed quarry.
c. 
Fill for septic tanks or sanitary installations provided a permit has been issued by the Construction Official and/or Department of Health as required by law.
d. 
The placement of soil in and upon lands enrolled in the Soil Conservation Program of the Sussex County Soil Conservation District, Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency.
e. 
The placement of any soil undertaken in furtherance of a subdivision or site plan approval issued by the Township of Frankford Land Use Board.
f. 
The placement of any soil in furtherance of an environmental site remediation that is supervised by a licensed site remediation professional.
g. 
The storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards.
h. 
Soil imported from any noncommercial, nonindustrial, residential or agricultural property within the County of Sussex.
i. 
Soil imported for recreational facilities, including, but not limited to, ball parks, recreational and sports fields, bathing beaches, and equestrian facilities.
j. 
The Township and any of its commissions/boards are exempt from the terms of this section.
k. 
The Mayor and Township Committee shall have the right, upon written request, to grant partial or complete waivers from the requirements of this section for any volunteer or nonprofit group or charitable/religious organization.
a. 
Application for a soil importing permit up to but not exceeding 500 cubic yards shall be filed with the Township Engineer who shall issue the permit based upon finding substantial compliance with the provisions of this subchapter; provided, however, the Township Engineer shall have the authority to deny a permit if it is determined that the placement of soil would be detrimental to the health, safety or welfare of the general public. The approval or denial shall be provided to the applicant within 10 business days of the Township Engineer's receipt of the application. In the event the Township Engineer has not responded within that time frame, the application shall be deemed denied.
b. 
Application for a soil importing permit shall be accompanied by a fee calculated in accordance with § 26-3.8
[Amended 9-8-2020 by Ord. No. 2020-008]
c. 
The application shall set forth the following:
1. 
Name and address of the applicant.
2. 
Name and address of the owner, if other than the applicant.
3. 
The description and location of the land in question, including the tax map block and lot numbers.
4. 
The purpose or reason for placement of soil/fill.
5. 
The nature and quantity, in cubic yards, of soil/fill to be imported.
6. 
The source of material to be used as soil/fill and certification that the soil/fill can be considered "clean fill" as regulated by local and state regulations.
7. 
Source from where the soil/fill is coming from to be shown on the plans, including tax lot and block; owner's name and municipality.
8. 
The location to which the soil/fill is to be placed.
9. 
The proposed date of completion of the soil/fill.
10. 
Other supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter.
11. 
An approved soil erosion and sediment control permit (if applicable).
a. 
The application for a major soil/fill importing placement permit, defined as any application to import in excess of 500 cubic yards, shall be referred to the Land Use Board for site plan approval. In addition to complying with the requirements of § 26-3.2, and any such application shall also 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:
1. 
Key map.
2. 
Existing contour lines at five-foot intervals.
3. 
Proposed contour lines at five-foot intervals after the soil/fill is placed on the parcel.
4. 
All existing structures, all existing roads and drainage within 200 feet of the property.
5. 
Location of all property lines.
6. 
Location of any wetlands, streams, or other environmentally sensitive areas on the property.
7. 
Source from where the soil/fill is coming from shall be shown on the plans, including tax lot and block; owner's name and municipality.
8. 
Location of any topsoil or fill storage areas.
9. 
Soil erosion and sediment control measures.
10. 
Cross sections of the soil/fill areas at fifty-foot intervals.
b. 
The Land Use Board shall schedule a public hearing and shall notify the applicant of the date of such hearing. The applicant shall provide notice in accordance with Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Five days prior to the hearing, the applicant shall present to the Township Planning Board Secretary the following:
1. 
Certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he has notified all property owners within 200 feet, including certified notice receipts.
2. 
Proof of publication in the official newspaper of the Township at least 10 days prior to the hearing.
c. 
The Land Use Board shall require an applicant to post the application and escrow fees set forth in § 30-807d3(c).
The 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. Particular consideration shall be given to the following factors:
a. 
Soil erosion by water and sand.
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. 
Existing contours and topographic character of the land prior to the placement of any soil/fill and proposed contours which will result subsequent to the placement of soil/fill in accordance with the soil fill application.
h. 
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 soil/fill constitutes primarily a commercial activity.
a. 
A permit shall be issued after the approval of the application by the Township Engineer (minor permit) or by the Township Land Use Board (major permit). The approval shall specifically list the total number of cubic yards of soil/fill authorized to be placed on the property.
b. 
If a permit is issued for the placement of soil/fill, the owner or person in charge shall conduct the operations to ensure there are no sharp declivities, pits or depressions, and in such a 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.
c. 
Soil/fill shall not be deposited or in any way placed upon adjoining property or public roads. Any soil/fill or material resulting from any such operation accumulating on any adjoining property or public road shall be removed immediately upon notice to the permittee of such accumulation.
d. 
Upon completion of any operation delineated on the approved plan, said area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Township Engineer. A final map for all major soil/fill permits shall be submitted containing and complying with all requirements as set forth in this chapter.
e. 
Any soil/fill material temporary stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.
a. 
The Zoning Officer or other official designated by the Township Committee shall have the authority to enforce the provisions of this section and to issue summonses to any person importing soil without a permit.
b. 
The Township Engineer is designated as the official whose duty it shall be to enforce the provisions of this section with respect to persons importing soil with a permit. The Township Engineer shall, from time to time, upon their own initiative, and whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this section. The Township Engineer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.
c. 
After notice and an opportunity to be heard before the Township Engineer the permit of any person may be revoked or suspended for such period as may be determined for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a minimum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. 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.
d. 
In addition to the penalties set forth in Subsection c above, the Township shall have the right, but not the obligation, to pursue injunctive relief in the Superior Court of New Jersey, Sussex County, including, but not limited to, requiring the removal of any soil imported without a permit, testing to ensure no presence of contaminated soil, and site restoration.
a. 
The permit fee for a minor soil permit shall be $150 and an escrow deposit for Township Engineer review of $500.
b. 
The permit fee for a major soil permit of shall be $150 and an escrow deposit with the Land Use Board of $3,000.
c. 
The applicant shall be responsible for all fees of the Township Engineer incurred in reviewing applications and making inspections prior or subsequent to the issuance of a permit of any kind.