[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.
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.
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:
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.
d. Lateral support of abutting streets and lands.
e. Public health and safety.
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.