No person or entity shall cause or authorize the placement of any soil as defined in §
113-3 on any premises in the Borough of Andover whether such soil be for sale, gift or otherwise, unless a permit therefor is first secured from the Borough Engineer or the Borough Planning/Zoning Board as hereinafter provided.
A permit shall not be required when any of the following exceptions/exemptions
are applicable:
A. Soil moved from any property located within the Borough of Andover
to another property also located within the Borough.
B. Soil imported from any licensed quarry.
C. Fill for septic tanks or sanitary installations provided a permit
has been issued by the Construction Official and/or Department of
Health as required by law.
D. The placement 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.
E. The placement of any soil undertaken in furtherance of a subdivision
or site plan approval issued by the Borough Planning/Zoning Board.
F. The placement of any soil in furtherance of an environmental site
remediation that is supervised by a licensed site remediation professional.
G. The storage of sand, soil, stone, topsoil, mulch or other similar
materials on lawfully existing landscaping and contractor yards.
H. Soil imported from any noncommercial, nonindustrial, residential
or agricultural property within the County of Sussex.
I. Soil imported for recreational facilities, including but not limited
to, ball parks, recreational and sports fields, bathing beaches, and
equestrian facilities.
J. The Borough and any of its commissions and boards are exempt from
the terms of this chapter.
K. The Mayor and Borough Council shall have the right, upon written
request to grant partial or complete waivers from the requirements
of this chapter for any volunteer or nonprofit group or charitable/religious
organization.
The Borough Engineer (minor permit) and the Borough Planning/Zoning
Board (major permit) shall be guided by and take into consideration
the public health, safety and general welfare and the general purposes
of municipal planning. 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. Existing contours and topographic character of the land prior to
the placement of any soil/fill and proposed contours which will result
subsequent to the placement of soil/fill in accordance with the soil
fill application.
H. 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 soil/fill constitutes primarily a commercial
activity.