[HISTORY: Adopted by the Township Council of the Township of Jackson 4-28-2020 by Ord. No. 04-20. Amendments noted where applicable.]
This chapter shall be known as the "Soil/Fill Ordinance of the Township of Jackson."
Whereas the Township of Jackson has an environment unique to the State of New Jersey, the County of Ocean, and its surrounding municipalities, the Township finds that the unregulated and uncontrolled placement and movement of soil, fill and other mineral deposits can result in conditions detrimental to the public safety, health and general welfare. Such conditions substantially hamper and deter the efforts of the Township to effectuate the general purposes of municipal planning. Soil and fill movement operations and filling operations should relate to the overall physical development of the area within which the operation is located. It is essential that all soil and fill movement operations and filling operations be reviewed and approved by the Township Zoning Officer and/or Township Engineer. All soil and fill movement operations and filling operations must be conceived and operated in such a way that there will be no appreciable harmful effects to the environment. In order to best ensure that all soil movement operations and filling operations are an asset to the Township of Jackson, rather than a liability, all such operations shall adhere to the conditions, restrictions and provisions outlined in this chapter.
The purpose of this chapter is to manage the importation and deposition of soil/fill to protect the safety, public health, and general welfare of the community and the environment. The adoption and enforcement of this chapter does not exempt an applicant from other required local, state or federal approvals or local Soil Conservation District requirements and is meant to act in conjunction with all Soil Conservation District requirements and other applicable requirements with regards to acceptability and placement of soil/fill materials.
This chapter does not apply to soil/fill imported for the purposes of remediation pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C) and Technical Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or closure of sanitary landfills (N.J.A.C. 7:26) or dredge repository sites approved by state or federal agencies.
For purposes of this chapter, the terms used herein are defined as follows:
- ACCEPTABLE SOIL/FILL
- Non-water-soluble, nondecomposable, inert solids such as soil, fill, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass, and/or clay or ceramic products, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the New Jersey Department of Environmental Protection (NJDEP) Residential Direct Contact Soil Remediation Standards or Non-Residential Direct Contact Soil Remediation Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.
- The property owner/developer requesting a soil/fill importation permit as provided for in this chapter.
- APPROVED PLAN
- A plan for the placement of soil/fill approved by the Township Engineer (minor permit) or by the Township Zoning Board of Adjustment (major permit) pursuant to the provisions of this chapter.
- CONSTRUCTION/DEMOLITION DEBRIS
- Mixed-waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures that includes, but is not limited to, treated and untreated wood scrap; tree parts, tree stumps and brush; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; nonasbestos building insulation; plastic scrap; carpets and padding; and other miscellaneous materials.
- CONTAMINATED SOIL/FILL
- Any soil/fill containing contaminants exceeding the current requirements for the most stringent concentrations between the Non-Residential and Residential Direct Contact Soil Remediation Standards pursuant to N.J.A.C. 7:26D, Remediation Standards.
- CONTAMINATED PROPERTY
- Any property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels or concentration as to require action pursuant to any federal or state statutes or regulations.
- DREDGED MATERIAL
- Sediments removed from under a body of water, such as, but not limited to, a bay, harbor, lake, stream and river, removed during a dredging operation or otherwise that are displaced or removed to another location.
- Material placed at a location for the purpose of filling low areas, changing the contours of an area, stabilizing existing grades and/or raising the grade of an area. Fill usually consists of soil, but may also include non-water-soluble, nondecomposable, inert solids, such as rock, gravel, brick, block, and/or clay or any combination thereof.
- MAJOR SOIL/FILL IMPORTATION PERMIT
- A permit for the fill of more than 500 cubic yards or more of soil/fill.
- MINOR SOIL/FILL IMPORTATION PERMIT
- A permit for the fill of more than 100 cubic yards but less than 500 cubic yards or more of soil/fill.
- The official document issued by the Zoning Officer, Township Engineer, Zoning Board of Adjustment, or Planning Board approving the soil importation application.
- Includes an individual, firm, corporation, association, society or partnership, or other business entity and their agents or employees.
- REMEDIAL ACTION
- As defined in the Technical Requirements for Site Remediation (Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken at a contaminated site as may be required by the New Jersey Department of Environmental Protection (NJDEP), including, without limitation, removal, treatment measures, containment, transportation, securing, or other engineering or institutional controls, whether to an unrestricted use or otherwise, designed to ensure that any contaminant is remediated in compliance with the applicable remediation standards. A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.
- As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8, all necessary actions to investigate and clean up or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation and remedial action; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
No person shall fill or cause the placement of any soil and/or fill on any premises in the Township of Jackson whether such soil and/or fill be for sale, gift or otherwise, unless a permit therefor is first secured from the Township Zoning Officer or Township Engineer, or the Township Zoning Board of Adjustment as hereinafter provided. A permit shall not be required for the moving or placement of fill of less than 100 cubic yards of soil.
The provisions of this chapter shall not apply to excavations or fill for septic tanks or sanitary installations, provided that no excavation or construction of any kind shall take place until a site plan or permit has been approved by the Construction Official and/or Department of Health as required by law.
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the Soil Conservation Program of the Ocean County Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency, provided that all soil-moving operations and fill operations in and upon such lands are performed in accordance with said approved farm plan and provided further that a copy of said approved farm plan is placed on file with the Township prior to any soil-moving operations or fill operations.
Nothing in this chapter shall be construed to affect or apply to any person engaged in a state-mandated cleanup plan, provided that all soil moving, removal operations and fill operations are performed in accordance with said cleanup plan and provided further that notice of the state-mandated cleanup plan is placed on file with the Township Engineer prior to any soil moving, removal operations or fill operations.
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 materials on said property has previously been established and does not require site plan approval pursuant to the Land Development Code of the Township of Jackson.
Application for a minor soil/fill importation permit, including application and escrow fees, shall be filed with the Township Zoning Officer, who shall issue the permit based upon compliance with the provisions of this chapter; provided, however, that the Township Zoning Officer shall have the authority to deny a permit if he/she determines that the placement of fill would be detrimental to the health, welfare or safety of the general public. The denial shall be in writing, setting forth reasons for same. Any party denied a permit shall have the right to an appeal as set forth in N.J.S.A. 40:55D-70(a).
Application for major soil/fill importation permit shall be filed with the Township Zoning Board of Adjustment and shall be accompanied by such fees prescribed in § 364-8, Fees and escrow. Copies of the application shall be submitted on forms prescribed by the Township Zoning Board of Adjustment and supplied by the Secretary to the Board.
The Township Planning Board, and its professionals, shall have jurisdiction to review and approve, to the same extent as the Township Zoning Board of Adjustment, any application for a major soil importation permit that is included with or required as a consequence of a land use development application properly before the Township Planning Board.
The application for minor and major soil fill permit shall set forth the following:
Name and address of the applicant.
Name and address of the owner, if other than the applicant.
The description and location of the land in question, including the Tax Map block and lot numbers.
The purpose or reason for placement of soil/fill.
The nature and quantity, in cubic yards, of soil to be filled.
The source of material to be used as fill and certification that the fill can be considered "acceptable soil/fill" as regulated by local and state regulations.
The location to which the soil/fill is to be placed.
The proposed date of completion of the soil and/or fill.
Supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter.
An approved soil erosion and sediment control permit (if applicable).
Any approval of a board of relevant jurisdiction shall be memorialized by that board.
The application for a major soil fill permit shall be accompanied by a topographic map or maps prepared and certified by a professional engineer or land surveyor. The scale of said map shall not be more than 100 feet to the inch and shall include the following:
Existing contour lines at one-foot intervals.
Proposed contour lines at one-foot intervals after fill of the soil.
All existing structures, all existing roads and drainage within 200 feet of the property.
Location of all property lines.
Location of any wetlands, streams, or other environmentally sensitive areas on the property.
Location of any topsoil storage areas.
Soil erosion and sediment control measures.
Cross sections of the fill areas at fifty-foot intervals.
Supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter, which may include but not be limited to hours of operation, haul routes for transporting material and interim traffic and safety measures.
Minor soil/fill permit (100 to 500 cubic yards) fee: $1,000; escrow: $2,000.
Major soil/fill permit (greater than 500 cubic yards) fee: $2,000 for every 1,000 cubic yards up to a maximum fee of $10,000; escrow: $2,500 for the first 1,000 cubic yards, $1,000 for every additional 1,000 cubic yards up to a maximum escrow of $25,000.
A major soil/fill importation permit application shall be deemed an application for development as defined in the Township's Land Use Development Code regulations. A major soil/fill importation permit application, submitted as part of a separate land use development application, shall not require separate notices, and the major soil/fill importation permit application shall be deemed a part of the land use development application for purposes of compliance with the notice and other requirements of an application for development. As part of a separate land use development application, a major soil/fill importation permit application shall only require submission of separate permit applications, fees and additional permit escrow deposits as required herein.
Upon receipt of an application for a major soil/fill importation permit, the Zoning Board of Adjustment Secretary shall forthwith send a copy of same to the Zoning Officer, Zoning Board of Adjustment professionals, Township Engineer and the Environmental Commission who shall review the application and submit their professional reports and recommendations to the Zoning Board of Adjustment.
Pursuant to N.J.A.C. 40:55D-1 et seq., and this code, the Zoning Board of Adjustment shall, within 120 days after an application is deemed administratively complete (or such later date as consented to by the applicant), review the application and either approve, conditionally approve or deny the application. If the application for major soil/fill importation permit is submitted with or as a part of a land use development application, then the date on which that land use application is deemed administratively complete shall control for the purposes of this section.
In considering and reviewing the application and arriving at a decision, the Township Engineer, in consultation with the Township Zoning Officer (minor permit) and the Zoning Board of Adjustment [or Planning Board if submitted with a land use application (major permit)], be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particular consideration shall be given to the following factors:
Soil erosion by water and sand.
Surface water drainage.
Lateral support of abutting streets and lands.
Public health and safety.
Land values and uses.
Contours, both existing and proposed.
Existing contours and topographic character of the land prior to the placement of any soil and proposed contours which will result subsequent to the placement of soil in accordance with the soil fill application.
Whether the proposed placement of soil is necessary and incidental to the development of the property for its intended use or whether the proposed placement of fill constitutes primarily a commercial activity.
A permit shall be issued after the approval of the application by the Zoning Officer (minor permit) or by the Township Zoning Board of Adjustment or Planning Board (major permit). The approval shall specifically list the total number of cubic yards of soil authorized to be filled as calculated by the Township professionals based upon the maps and exhibits submitted and approved. The Township Engineer shall be empowered to determine the necessity of requesting a bond related to the issuance of the permit.
Each permit issued under the terms of this chapter shall be valid only for the location(s) and soil/fill material described therein and shall be valid for one year from the date of issuance. No more than one minor soil/fill importation permit per lot and block may be issued within a calendar year from the date of the initial permit unless the cumulative volume is less than or equal to 500 cubic yards.
If a permit is issued for the placement of soil/fill as provided herein, the owner or person in charge shall so conduct the operations 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 required and shown on the approved plan.
No soil/fill shall be placed nor shall any operation be conducted so as to violate any of the regulations contained in this chapter after a permit is granted.
Soil/fill shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice to the permittee of such accumulation.
All operations shall be conducted in strict accordance with any federal law, including but not limited to the Pinelands Comprehensive Management Plant (if applicable), or state law, other ordinances of the Township, and the terms and conditions of any permit granted for such operations.
The operation shall be so conducted as not to constitute a nuisance, and in no event shall said operation create any hazardous or unsafe condition with regard to any person or persons. Natural screening is to be preserved by the applicant.
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 Zoning Officer and/or 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.
No trash, junk or debris may be stored in any area, and no safety hazards will be permitted, either during or after the completion of operations.
The material stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.
The Zoning Officer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He/she shall, from time to time, upon his/her 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 chapter. The Zoning Officer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.
In the placement of soil or fill operation, the applicant shall cause such streets to be kept free from dirt and debris resulting from such soil or fill operation.
The permit of any person may be revoked or suspended for such period as the Township Zoning Officer may determine 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 chapter or any director or officer of a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to a maximum fine of $2,500 or imprisonment for a period not to exceed 90 days, or both, at the direction of the Municipal Court. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense. Upon order of the Court, the violator shall pay all costs associated with analytical testing, remediation, removal and proper disposal of soil/fill material determined to not to comply with the definition of acceptable soil/fill.
In addition to the remedies provided herein, if any person, firm or corporation violates any of the provisions of this chapter or fails to comply with the provisions of a soil fill permit, the Township of Jackson may institute a civil action in the Superior Court for injunctive relief and damages to prohibit and prevent such violation or violations
The Superior Court and Municipal Court shall have jurisdiction to enforce this chapter. If the violation hereof is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
Nothing contained in this chapter shall be construed to affect the owner's application for soil erosion and sediment control permits or any other state or federal regulations or permits as required.
Form SI-1 is included as an attachment to this chapter.