This chapter shall be known as the "Soil Fill Ordinance of the
Township of Stillwater."
The Township Committee finds that the unregulated and uncontrolled
placement and movement of soil 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 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 movement operations and
filling operations be reviewed and approved by those individual(s)
designated by Township resolution. All soil 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 Stillwater, rather than
a liability, all such operations shall adhere to the conditions, restrictions
and provisions outlined in this chapter.
The words defined in this section shall mean and include the
following when used in this chapter:
A plan for the placement of soil fill approved by those individual(s)
designated by Township resolution (minor permit) or by the Township
Engineer (major permit) pursuant to the provisions of this chapter.
A permit for the fill of more than 500 cubic yards or more
of soil.
A permit for the fill of more than 100 cubic yards but less
than 500 cubic yards or more of soil.
A soil fill permit.
Includes an individual, a partnership, a corporation or any
other legal entity.
The Planning Board of the Township of Stillwater.
Includes dirt, stone, gravel, sand, humus, clay, loam and
mixtures of any of these, but this shall not include quarry process
or rock products utilized in the construction of roads, driveways
or similar types of construction.
The arable soil within eight inches of the surface.
The Township of Stillwater.
No person shall fill or cause the placement of any soil on any
premises in the Township of Stillwater whether such fill be for sale,
gift or otherwise, unless a permit therefore is first secured from
those individual(s) designated by Township resolution. A permit shall
not be required for the moving or placement of fill of less than 100
cubic yards of soil within a one-year period. A single permit shall
be required for placement of soil on adjacent lots where title to
those is held in common ownership.
A.
The provisions of this chapter shall not apply to excavations or
fill for building foundations, 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.
B.
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 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, 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.
C.
A separate soil permit under this chapter shall not be required for
subdivisions and/or site plans approved pursuant to Chapter 470, Subdivision
of Land, of the Township of Stillwater.
D.
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.
E.
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 Chapter 470, Subdivision
of Land, of the Township of Stillwater.
F.
This chapter does not regulate the movement and placement of soil
fill directly related to agricultural uses on certified commercial
farm properties that have filed for agricultural management practice
determination with the Sussex County Agriculture Development Board
within the Township of Stillwater and does not supersede any rights
granted under the Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
A.
Application for a minor soil fill permit shall be filed with those
individual(s) designated by Township resolution who shall issue the
permit based upon substantial compliance with the provisions of this
chapter; provided, however, those individual(s) designated by Township
resolution 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.
B.
Application for a major soil fill permit shall be filed with the Township Engineer and shall be accompanied by a fee prescribed in Ch. 437, Fees. Four copies shall be submitted on forms prescribed by the Township Planning Board and supplied by the Secretary to the Board.
C.
The application for minor and major soil fill permits 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 of the land upon which the fill is proposed to be
placed including the physical address and the tax map lot and block
numbers.
(4)
The purpose or reason for placement of soil.
(5)
The nature and quantity, in cubic yards, of soil to be filled.
(6)
The source of material to be used as fill and certification that
the fill can be considered "clean fill" as regulated by state and
local regulations including the street address of the source or sources,
the tax map lot and block numbers of the source or sources, and the
record title folder of such location or locations and contact information
for the title holders or authorized agent.
(7)
The proposed date of placement of the soil fill.
(8)
Supporting documentation as required to adequately address and comply
with the purpose and the provisions of this chapter.
(9)
An approved soil erosion and sediment control permit (if applicable).
D.
No more than one minor soil fill permit or major soil fill permit
may be issued for any property within a one-year period from the issuance
of the permit. Any additional application for every minor or major
soil fill permit within that one year shall require an application
for an approval from the Stillwater Township Planning Board.
The application for a major soil 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:
A.
Key map.
B.
Existing contour lines at five-foot intervals.
C.
Proposed contour lines at five-foot intervals after fill of the soil.
D.
All existing structures, all existing roads and drainage within 200
feet of the property.
E.
Location of all property lines.
F.
Location of any wetlands, streams, or other environmentally sensitive
areas on the property.
G.
Location of any topsoil storage areas.
H.
Soil erosion and sediment control measures.
I.
Cross sections of the fill areas at fifty-foot intervals.
Upon receipt of a second application for a minor soil fill permit
or major soil fill permit within one year, the Planning Board Secretary
shall forthwith send a copy of same to those individual(s) designated
by Township resolution, the Township Engineer, and the Environmental
Commission who shall review the application, and they shall submit
their reports and recommendations, and their reasons, to the Township
Planning Board within 30 days of receipt of the application. Failure
to file such a report within the required time period shall be deemed
an approval of the application by such department, officials and commissions.
A.
The Township Planning Board shall grant or deny the application within
45 days after receipt of the reports and recommendations of those
individual(s) designated by Township resolution, the Township Engineer,
and Environmental Commission. On an application for a major soil fill
permit, the Planning Board shall schedule a public hearing and shall
notify the applicant of the date of such hearing. The applicant shall
notify in writing all property owners within 200 feet of the extreme
limits of the property, as their names appear on the Township tax
records, at least 10 days prior to the date of the hearing in the
application. The notice shall be given in person or by registered
mail and shall state the reason for the hearing; the time and place
of the hearing as fixed by the Township Planning Board; a brief description
of the property; and that a copy of the application and map has been
filed with the Township Clerk for public inspection. The applicant
shall also cause notice of the hearing to be published in the official
newspaper of the Township, at least 10 days prior to the date of the
hearing.
B.
Five days prior to the hearing, the applicant shall present to the
Township Planning Board Secretary the following:
In considering and reviewing the application and arriving at
a decision, those individual(s) designated by Township resolution
(minor permit) and the Township Engineer (major permit) and Planning
Board, as applicable, 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:
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.
Contours, both existing and proposed.
H.
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.
I.
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.
J.
The application shall disclose the address and location from which
the soil of fill materials will be obtained, the owner of representative
of the owner of the premises from which the soil or fill materials
is to be obtained and the kind and quality of soil and fill materials
to be imported.
The property owner and the individual placing fill shall be
responsible to comply with the terms of this chapter and no soil is
to be placed in the Stillwater Township without compliance with the
terms of the chapter. Nothing in this chapter shall be deemed to authorize
the placement of any fill within the Township of Stillwater which
is not deemed to constitute "clean fill" in compliance with all state,
local and federal standards including but not limited to those standards
which are currently or may be enacted in the future by the New Jersey
Department of Environmental Protection. A permit shall be issued after
the approval of the application by the those individual(s) designated
by Township resolution (minor permit) or by the Township Engineer
(major permit). The approval shall specifically list the total number
of cubic yards of soil authorized to be filled as calculated by the
Township Engineer based upon the contour maps submitted and approved.
