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:
APPROVED PLAN
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.
MINOR SOIL FILL PERMIT
A permit for the fill of more than 100 cubic yards but less
than 500 cubic yards or more of soil.
PERSON
Includes an individual, a partnership, a corporation or any
other legal entity.
SOIL
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.
TOPSOIL
The arable soil within eight inches of the surface.
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.
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:
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.
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.
D. Lateral support of abutting streets and lands.
E. Public health and safety.
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.