[Ord. 4/14/70; Ord. 1980-41; Ord. 2008-05]
Shall mean any hazardous substance, hazardous
constituent, hazardous waste or pollutant.
Shall mean any alteration in the grade or quality of soil of any tax map lot (hereafter "lot") likely to affect adversely the environmental qualities of that lot or of adjacent property, as set forth in section 16-4 hereof.
Shall mean the United States Environmental Protection
Agency.
Shall mean any augmentation of the soil on a lot
so substantial that it causes a disturbance.
Shall mean any hazardous substance as defined
pursuant to section 3 of P.L. 1976, c. 141(C. 58:10-23.11b), hazardous
waste, as defined pursuant to section 1 of P.L. 1976, c. 99(C. 13:1E-38),
or pollutant as defined pursuant to section 3 of P.L. 1977, c. 74(C.
58:10A-3).
Shall mean priority pollutant +40 contaminant
levels, which are below the most stringent State Soil Cleanup Criteria
and have not been classified as hazardous waste by the New Jersey
Department of Environmental Protection.
Shall mean the priority pollutant list of 126
compounds and elements developed by the EPA pursuant to Section 307(a)(1)
of the Clean Water Act and 40 non-targeted organic compounds detected
by gas chromatography/mass spectroscopy (GC/MS) analysis. For the
purposes of this chapter, a PP+40 scan means the analysis of a sample
for all priority pollutants except asbestos and 2,3,7,8-tetrachloro-dibenzo-p-dioxin,
and up to 15 nontargeted volatile organic compounds and up to 25 nontargeted
semivolatile organic compounds as analyzed using GC/MS analytical
methods. Nontargeted compound criteria shall be used pursuant to the
version of the EPA "Contract Laboratory Program Statement of Work
for Organic Analysis, Multi-media, Multi-concentration" in effect
as of the date which the laboratory is performing the analysis.
Shall mean a disturbance caused on a lot without
fill or removal or caused primarily by moving the existing soil of
a lot within the boundaries of that lot.
Shall mean a disturbance caused by removing soil
from a lot.
Shall mean earth, sand, clay, loam, gravel, humus,
rock or dirt, without regard to the presence or absence of organic
matter.
[Ord. 4/14/70; Ord. 1980-41]
No person shall disturb the soil of any lot within the township
without having first obtained a permit from the township engineer.
No permit shall be required under this chapter if the activity which
would be permitted hereunder has specifically been reviewed and approved
as part of any construction permit or development application.
[Ord. 9/7/55; Ord. 4/14/70; Ord. 1980-41]
Application shall be made to the township engineer and shall
be accompanied by the following:
A map of the premises showing the present contour lines and
the proposed future contour lines resulting from the intended disturbance.
All plans shall how contours at one-foot intervals unless otherwise
approved by the township engineer.
The grades resulting from the intended removal or redistribution
of soil in relation to the topography of the premises. This information
may be included in the map.
The proposed dates for the commencement and completion of the
work.
Name, address and telephone number of the owner of the land.
Lot and block number of the land as shown on the current tax
map of the township.
Reason for disturbing the soil.
Type and quantity of soil to be disturbed.
Location to which soil is to be removed (if applicable).
Such other pertinent data as the township engineer may deem
necessary.
[Ord. 9/7/55; Ord. 4/14/70; Ord. 1980-41]
In considering the application, the township engineer shall
be guided by the following factors:
Soil erosion by water and wind.
Drainage.
Soil fertility.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Any other criteria based on environmental and engineering considerations
not inconsistent with the above factors and affecting the public interest
as may from time to time be promulgated by regulation of the township
engineer.
If, after considering the above factors, the township engineer determines that the proposed disturbance of soil will not be detrimental to the health, safety or welfare of the township or its inhabitants, he shall issue a permit. The township engineer may deny the application or condition the issuance of the permit on such terms and conditions as he may deem appropriate in light of the environmental concerns which may be involved, including the filing of certified topographic or as-built surveys upon completion of the soil disturbance and so notify the applicant. Permits shall be governed by the provisions of subsection 15-1.11.
[Ord. 9/7/55; Ord. 4/14/70; Ord. 1980-41]
Soil removal conducted under a permit issued hereunder shall
be in accordance with the following:
a.
Operations shall be conducted so that there shall be no sharp
declivities, pits or depressions.
b.
Lands shall be graded to conform to the approved contour lines
and grades and shall be cleared of debris.
c.
The top layer of soil to a depth of six inches shall not be
removed from the premises, but shall be set aside and respread over
the premises at the conclusion of all other work.
d.
Adequate measures shall be taken to prevent erosion or the depositing
of soil on surrounding lands, streets or municipal facilities.
e.
No commercial soil mining or soil disturbance for the primary
purpose of using the said soil outside the township shall be permitted
unless the township engineer, after a full evidentiary hearing on
the application, concludes that the environment of the township will
not be harmed by such disturbance as is proposed. This hearing shall
be in addition to whatever proceedings may be required under the township
zoning ordinance or any other township ordinance.
[Ord. 4/14/70; Ord. 1980-41]
To effectuate the purposes of this section the township engineer
may from time to time promulgate such regulations not inconsistent
herewith as he deems necessary.
[Ord. 4/14/70; Ord. 1980-41]
The township engineer shall promulgate by regulation a simplified
sketch plat application format for applications involving soil disturbance
on lots containing one owner occupied single-family residence.
[Ord. 4/14/70; Ord. 1980-41]
b.
The basic fee for any other application shall be $25.
In addition, the applicant shall deposit in cash an amount equal
to the cost of inspection and testing plus the cost of a topographic
survey or as-built, if required pursuant to a permit, plus the estimated
cost of any work necessary to prevent erosion or flooding onto lands
or streets adjacent to the lot and to eliminate any soil disturbance
condition which is likely to be dangerous to health and safety, as
all of same may be estimated by the township engineer. As to any estimate
of over $5,000 on any application in which the work is estimated to
require not less than 60 days, the engineer may, in his discretion,
accept any performance guarantee he deems suitable to protect the
public interest.
Upon completion of work and fulfillment of all the conditions
of any permit the applicant shall pay all actual costs of inspection
and testing and receive a certificate of occupancy for the work as
inspected and approved.
[Ord. 9/7/55; Ord. 4/14/70; Ord. 1980-41]
The removal of lawn sod shall be permitted on the condition
that the owner or lessee of the land from which the lawn sod is removed
shall within two months replace any soil which has been removed with
the sod and reseed same.
[Ord. 2008-5]
a.
Any person proposing to import fill materials shall provide
proof that no contaminants exist in the soil to be imported, including,
but not limited to results of tests for permittable soil contaminant
levels and priority pollutant plus 40 (or PP+40) scans. A minimum
of two samples are to be extracted from the source for laboratory
analysis for each 500 cubic yard lot, or fraction thereof. Samples
are to be extracted, tested and evaluated by a State certified laboratory.
All expenses connected with such testing shall be borne by the applicant.
All sampling procedures utilized to characterize contaminants in soil
shall be in accordance with the Technical Requirements for Site Remediation
(N.J.A.C. 7:26E) and the New Jersey Department of Environmental Protection
Field Sampling Procedures. Soil to be used for fill shall be sampled
at its point of origin.
b.
In addition to the above requirements, any person proposing
to import fill materials shall collect waste classification samples
to determine whether such materials are considered hazardous waste.
The procedures for collecting representative waste classification
samples to determine if the materials are hazardous shall be performed
in accordance with the Division of Solid Waste and Hazardous Wastes'
Waste Classification Request Form (HWM-009) and all associated references
and appendices. Waste classification samples shall be analyzed for
the parameters set forth in Appendix 2 of HWM-009. All applicants
shall obtain from the New Jersey Department of Environmental Protection
Division of Solid and Hazardous Waste a classification determination
letter which indicates that the materials are not considered hazardous
waste. Soil to be used for fill shall be sampled at its point of origin.
All expenses connected with such testing shall be borne by the applicant.
c.
Proof that the soil to be imported is not high acid producing
soil with a pH of 4 or less or containing iron sulfide. Soil to be
used for fill shall be sampled at its point of origin. All expenses
connected with such testing shall be borne by the applicant.
