[HISTORY: Adopted by the Borough Council of the Borough of Andover 6-10-2019 by Ord. No. 2019-4. Amendments noted where applicable.]
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.
A. 
Application for a soil importing permit up to but not exceeding 500 cubic yards shall be filed with the Borough Engineer who shall issue the permit based upon finding substantial compliance with the provisions of this chapter; provided, however, the Borough Engineer shall have the authority to deny a permit if it is determined that the placement of soil would be detrimental to the health, safety or welfare of the general public. The approval or denial shall be provided to the applicant within 10 business days after the Borough Engineer's receipt of the application. In the event the Borough Engineer has not responded within that time frame, the application shall be deemed denied.
B. 
Application for a soil importing permit shall be accompanied by a fee and deposits as set forth in § 66-1.
C. 
The application 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 and location of the land in question, including the tax map block and lot numbers.
(4) 
The purpose or reason for placement of soil/fill.
(5) 
The nature and quantity, in cubic yards, of soil/fill to be imported.
(6) 
The source of material to be used as soil/fill and certification that the soil/fill can be considered "clean fill" as regulated by local and state regulations.
(7) 
Source from where the soil/fill is coming from to be shown on the plans, including tax lot and block.
(8) 
The location to which the soil/fill is to be placed.
(9) 
The proposed date of completion of the soil/fill.
(10) 
Other supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter.
(11) 
An approved soil erosion and sediment control permit (if applicable).
A. 
The application for a major soil/fill importing placement permit, defined as any application to import in excess of 500 cubic yards, shall be referred to the Planning/Zoning Board for site plan approval. In addition to complying with the requirements of § 114-3, and any such application shall also 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:
(1) 
Key map.
(2) 
Existing contour lines at five-foot intervals.
(3) 
Proposed contour lines at five-foot intervals after the soil/fill is placed on the parcel.
(4) 
All existing structures, all existing roads and drainage within 200 feet of the property.
(5) 
Location of all property lines.
(6) 
Location of any wetlands, streams, or other environmentally sensitive areas on the property.
(7) 
Source from where the soil/fill is coming from shall be shown on the plans, including tax lot and block; owner's name and municipality.
(8) 
Location of any topsoil or fill storage areas.
(9) 
Soil erosion and sediment control measures.
(10) 
Cross sections of the soil/fill areas at fifty-foot intervals.
B. 
The Planning/Zoning Board shall schedule a public hearing and shall notify the applicant of the date of such hearing. The applicant shall provide notice in accordance with Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Five days prior to the hearing, the applicant shall present to the Borough Planning/Zoning Board Secretary the following: (1) certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he or she has notified all property owners within 200 feet, including certified notice receipts; and (2) proof of publication in the official newspaper of the Borough at least 10 days prior to the hearing.
C. 
The Planning/Zoning Board shall require an applicant to post the application fees and deposits as set forth in § 66-1.
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.
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. 
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.
A. 
A permit shall be issued after the approval of the application by the Borough Engineer (minor permit) or by the Borough Planning/Zoning Board (major permit). The approval shall specifically list the total number of cubic yards of soil/fill authorized to be placed on the property.
B. 
If a permit is issued for the placement of soil/fill, the owner or person in charge shall conduct the operations to ensure there are no sharp declivities, pits or depressions, and in such a 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.
C. 
Soil/fill shall not be deposited or in any way placed upon adjoining property or public roads. Any soil/fill or material resulting from any such operation accumulating on any adjoining property or public road shall be removed immediately upon notice to the permittee of such accumulation.
D. 
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 Borough 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.
E. 
Any soil/fill material temporarily stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.
F. 
Permits may be issued with reasonable conditions by the Borough Engineer and/or Borough Planning/Zoning Board to address concerns pertaining to public health, safety and welfare and as set forth in § 114-5.
G. 
All such permits issued hereunder shall be valid for the period of no more than one year from the date of its issuance. A permit must be renewed by the Borough annually to remain in effect.
H. 
Before any work is done for which a major permit is required, and during the period covered by a permit, the applicant shall file and maintain a bond in form and with surety acceptable to the Borough Attorney in such amount as in the opinion of the Borough Engineer shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the terms thereof. The bond shall be in an amount of not less than $3,000 per acre of land to be affected to cover the cost of conforming with Borough requirements, restoring the land, reseeding and the cost of repairing public roads which may be damaged by the transportation of materials or equipment. To the overall amount thereof, there shall be added 15% to cover legal and engineering fees which may be incurred in the event of default.
A. 
For purposes of this section, the following definitions apply:
CONTAMINANT
Any hazardous substance, hazardous constituent, hazardous waste or pollutant.
CONTAMINATED MATERIAL
Any soil or other material containing contaminants exceeding the present requirements for residential direct contact pursuant to N.J.A.C. 7:26E-1.1 et seq., technical requirements for site remediation, as may be amended.
RECYCLED ASPHALT PAVEMENT
Asphalt millings (material produced from milling of roads before repaving) and pieces of asphaltic roadway pavement removed from roadway surface or subbase or other asphalt-paved surfaces such as parking lots or driveways.
SOIL
All unconsolidated mineral and organic matter of any origin, including sand and/or gravel.
B. 
Notwithstanding any contrary term in this chapter, importation, use and/or placement of recycled asphalt pavement to or on property in the Borough is prohibited unless permitted by and used in accordance with applicable regulations promulgated by the New Jersey Department of Environmental Protection; however, in no case shall the material be placed within the boundaries of a public road. This subsection shall not apply to road maintenance, repair and/or replacement conducted by the Borough, county or state.
C. 
Notwithstanding any contrary term in this chapter, importation of contaminated material, construction debris, trash or vegetative debris or of solid waste as defined by N.J.A.C. 7:26-1.6 to a property for deposit within the Borough is prohibited.
A. 
Any person or entity who violates this chapter or any director, officer, manager or member of a corporation, limited liability company or partnership who participates in a violation of this chapter shall, upon conviction thereof, be subject to a minimum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.
B. 
The Zoning Officer or other official designated by the Borough Mayor and Council shall have the authority to enforce the provisions of this chapter and to issue summonses to any person importing soil without a permit or violating a provision of this chapter.
C. 
The Borough Engineer is designated as the official whose duty it shall be to enforce the provisions of this chapter with respect to persons importing soil with a permit. The Borough Engineer shall, from time to time, upon their own initiative, and whenever directed by the Borough, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. The Borough Engineer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.
D. 
After notice and an opportunity to be heard before the Borough Engineer the permit of any person may be revoked or suspended for such period as may be determined for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
E. 
In addition to the penalties set forth herein, the Borough shall have the right, but not the obligation, to pursue injunctive relief in the Superior Court of New Jersey, Sussex County, including but not limited to, requiring the removal of any soil imported without a permit, testing to ensure no presence of contaminated soil, and site restoration.
F. 
In the case of any violation of this chapter or in the case of any storage, placement or importation being conducted or having been conducted without the required permit, the Borough, through the Zoning Officer, may issue a notice to stop work until the proper permits are obtained and this chapter is complied with and take such action as the Zoning Officer deems appropriate to enforce such stop work order.
A. 
Applications for permits for minor and major soil permits shall be accompanied by permit fees and deposits as set forth in § 66-1.
B. 
The applicant shall be responsible for all fees of the Borough Engineer incurred in reviewing applications and making inspections prior or subsequent to the issuance of a permit of any kind.