[HISTORY: Adopted by the Township Council of the Township of Jackson 10-26-2021 by Ord. No. 22-21.[1] Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Form SI-1
[1]
Editor's Note: This ordinance also superseded former Ch. 364, Soil/Fill, adopted 4-28-2020 by Ord. No. 04-20.
A. 
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 Township of Jackson and the environment. The adoption and enforcement of this chapter does not exempt any permit applicant from any other required local, state or federal approvals or local soil conservation district requirements regarding the acceptability and placement of soil/fill materials.
B. 
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 (ARACS 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, 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 DEP's 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.
APPLICANT
The property owner requesting a soil importation permit as provided for in 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 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.
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.
DEVELOPMENT
The construction, reconstruction or relocation of any structure; land, regrading or disturbance of 5,000 square feet or more; and/or any subdivision of land classified as a major subdivision by Jackson Township ordinance.
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 that are displaced or removed to another location.
FILL
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, concrete, glass, and/or clay or ceramic products or any combination thereof.
PERMIT
The official document issued by the Township Engineer approving the soil importation application.
PERSON
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 Department, 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.
REMEDIATION or REMEDIATE
All actions to investigate, clean up, or respond to any known, suspected, or threatened discharge of contaminants, including the preliminary assessment, site investigation, remedial investigation, and remedial action, or any portion thereof; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
A. 
Permit required for deposit of acceptable soil/fill material.
(1) 
No person shall deposit or place soil/fill material, or cause, allow, or permit soil/fill to be placed on any property in the Township of Jackson, unless a permit is issued by the Township Engineer and any other applicable county, state or federal approval(s) or permit(s). No permit under this chapter shall be required for any development that requires a land use approval from the Planning Board or Zoning Board of Adjustment, provided the approval contains a condition(s) that meets the standards of this chapter and is so noted in any resolution of approval. As such, provided the land use applicant incorporates the requirements of this chapter as part of their application, and that approval is recommended by the respective board engineer, no additional permit would be required under this chapter.
(2) 
Unless otherwise exempt, no permit shall be issued unless:
(a) 
The applicant submits proof that the soil/fill material has been tested consistent with any applicable requirements set forth herein;
(b) 
The soil/fill meets the definition of "acceptable soil/fill"; and
(c) 
The application otherwise conforms with the standards of this chapter.
B. 
Permit exemptions. A person is not required to obtain a permit under this chapter for the following:
(1) 
Minor filling associated with landscaping activities at any property where up to 30 cubic yards, or as otherwise allowed by the New Jersey Department of Environmental Protection under applicable regulations, per year of acceptable soil/fill material is being deposited.
(2) 
Fill for septic installation and/or repair certified to be such by a licensed New Jersey engineer; or approved by the local health agency.
(3) 
Virgin quarry products, including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
(4) 
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
(5) 
Soil/fill imported to or moved within a properly licensed Class B recycling facility.
(6) 
Acceptable soil/fill moved from a properly licensed Class B recycling facility.
(7) 
Public works projects conducted or contracted for by a public entity or utility regulated by the Board of Public Utilities, provided the soil/fill material meets the definition of acceptable soil/fill.
C. 
Responsibility for obtaining permit. The property owner receiving the soil/fill material is responsible for obtaining the permit.
D. 
Duration of 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 the duration of the project specified in the permit application.
E. 
Permit application requirements. The procedure to apply for a soil/fill importation permit shall be as follows:
(1) 
All applications for a soil/fill importation permit shall be filed with the Township Engineer, who shall administer the applications and permits. The Township Engineer shall determine the completeness of the application. Failure to submit a complete application shall not extend the deadline for submission of an application required by this chapter.
(2) 
A fee in the amount of $500 shall be remitted at the time the application is submitted. In addition, the applicant shall post with the Township Clerk an initial escrow of $2,500 to cover any engineering, legal or other costs generated by an application and filed with the Clerk at the time the application is submitted. The applicant shall maintain a minimum escrow balance of $1,500 at all times thereafter. The application shall, at a minimum, include the following information and be accompanied by a map or maps which indicate the following:
(a) 
Certification of taxes that are paid and current with respect to the property.
(b) 
Boundary lines of the entire tract of land within which the proposed soil or earth importation will take place.
(c) 
The limits and boundaries of the proposed work area, showing the location of markers or monuments set on or in the ground to define said limits.
(d) 
The lot and block numbers of the subject parcel and all adjoining land as shown on the Official Tax Map and identification of the owners thereof.
(e) 
The existing grades and proposed contour lines and finished grades for the entire proposed work area; contour lines should normally be at one-foot intervals.
(f) 
The location of all existing and proposed streets and rights-of-way, including those included within 500 feet of the property line of the property in question.
(g) 
The location of all points of ingress and egress to the tract of land.
(h) 
The location of all streams, wetlands, significant vegetation, forest association, wildlife habitats.
(i) 
Map indicating truck route to and from the site.
(j) 
A soil/fill reclamation plan which includes the following:
[1] 
The method of stockpiling topsoil.
[2] 
Proposed grading and final elevations.
[3] 
Topsoil material application and preparation.
[4] 
Type, quantity and age of vegetation to be used.
[5] 
Fertilizer application, including method and rates.
[6] 
Planting method and schedules.
[7] 
Maintenance requirements schedule.
[8] 
Provision for the control of stormwater runoff on the work area.
(3) 
The application shall include Form SI-1, Acceptable Soil/Fill Material Certification Form, to be completed as follows:[1]
(a) 
By the soil/fill material supplier:
[1] 
Part 1: the date the form is completed, the soil/fill supplier's name, title, company name, address, telephone number, and email contact information.
[2] 
Part 2: the site name(s), address(es), and block/lot of the property(ies) supplying the soil/fill material.
[3] 
Brief history of the source property(ies), including current or past use of the property.
[4] 
Answers to questions 1 through 3.
[5] 
If applicable, the date soil/fill material was subject to analytical testing in accordance with applicable requirements of the New Jersey Department of Environmental Protection's guidance entitled "Understanding Requirements for Soil and Fill Materials." If analytical testing was not conducted, justification for making a determination that the soil/fill is acceptable without having analytical results.
[6] 
Certification (signature) from the soil/fill supplier that the soil/fill being imported meets the definition of acceptable soil/fill.
(b) 
By the person receiving or placing acceptable soil/fill material:
[1] 
Part 3: the date the form is completed, the name, title, company name, address, telephone number, and email contact information.
[2] 
The address of the location where soil/fill placement will be placed.
[3] 
Answers to questions 1 through 5.
[4] 
Certification (signature) from the person receiving or placing the soil/fill material.
[1]
Editor's Note: Form SI-1 is included as an attachment to this chapter.
F. 
Review of application.
(1) 
Within 45 days after receipt of a complete application, the Township Engineer shall render a determination to approve, conditionally approve or deny the application.
(2) 
No person shall commence any new soil or fill activity until a license has been issued in accordance with this chapter.
Whenever an application for a permit is denied, the applicant may appeal the denial to the Township Council of the Township of Jackson by filing a written notice of appeal with the Township Clerk within 30 days after receiving written notice of the denial of such application. The Township Council shall thereafter hold a public hearing within 60 days on the matter in accordance with rules or procedures to be established by the Township Council and may modify, affirm or reverse the decision of the Township Engineer.
Any person who violates any provision of this chapter shall be liable to a fine of not more than $5,000 or to imprisonment for a term not to exceed 90 days, or both such fine and imprisonment, at the discretion 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."
The person receiving a permit pursuant to this chapter shall comply with all conditions set forth in the permit. Submitting false information or noncompliance with a permit may subject the person receiving a permit to a penalty pursuant to § 364-5 above and/or suspension or revocation of such a permit.