[HISTORY: Adopted by the Township Committee
of the Township of Harmony 3-2-2021 by Ord. No. 21-3[1](Ch. 137A of the 1990 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
137.1 but was renumbered to maintain the organizational structure
of the Code.
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 community and the
environment. The adoption and enforcement of this chapter does not
exempt an applicant from other required local, state or federal approvals
or local Soil Conservation District requirements and is meant to act
in conjunction with all Soil Conservation District requirements and
other applicable requirements with regards to 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
(ARRCS, 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:
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 New Jersey Department
of Environmental Protection (NJDEP) 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.
The property owner requesting a soil importation permit as
provided for in this chapter.
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.
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.
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.
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.
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.
The official document issued by the municipality approving
the soil importation application.
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
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.
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8,
all necessary actions to investigate and clean up or respond to any
known, suspected, or threatened discharge, including, as necessary,
the preliminary assessment, site investigation, remedial investigation
and remedial action; provided, however, that "remediation" or "remediate"
shall not include the payment of compensation for damage to, or loss
of, natural resources.
A.
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, unless a permit is issued by the
Township and any other applicable county, state or federal approval(s)
or permit(s).
B.
Unless otherwise exempt under
this chapter, no permit shall be issued unless: 1) the applicant submits
proof that the soil/fill material has been tested consistent with
municipality's requirements; 2) the soil/fill meets the definition
of acceptable soil/fill; and 3) the application otherwise conforms
with the standards of this chapter.
A person is not required to obtain a permit under this chapter
for the following:
A.
Minor filling associated with
landscaping activities at any property where up to 250 cubic yards,
per year, of acceptable soil/fill material is being deposited.
B.
Fill for septic installation and/or
repair certified to be such by a licensed New Jersey engineer; or
approved by the local health agency.
C.
Virgin quarry products, including,
but not limited to, rock, stone, gravel, sand, clay and other mined
natural products.
D.
Acceptable soil/fill material
being moved from one section of an owner's property to another section
of the same property.
The property owner receiving the soil/fill material is responsible
for obtaining the 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 one year from the date of issuance, unless
otherwise extended by the Township Engineer.
The procedure to apply for a soil/fill importation permit shall
be as follows:
A.
All applications for soil/fill
importation permits shall be filed with Township Engineer, who shall
administer the applications and permits.
B.
An application fee in the amount
of $250 shall be furnished at the time of application.
C.
An escrow fee in the amount of
$1,500 to reimburse the Township for reasonable administrative, legal,
and engineering work associated with the review of the soil/fill importation
permit application shall be furnished at the time of application.
The applicant may be required to post additional monies into escrow
due to the nature and extent of review of the application.
D.
The application shall be made
on forms to be supplied by the Township and include the following
information:
(1)
Soil/fill material supplier:
(a)
The name, title, company
name, address, telephone number, email address, and other contact
information for the soil/fill supplier.
(b)
The site name(s), address(es),
and lot and block number(s) of the property(ies) that is/are the source
of the soil/fill.
(c)
A brief history of the
source property(ies), including current and past uses of the property(ies).
(d)
An indication as to whether
the source property(ies) has been known or suspected to be contaminated.
(e)
Certification from the
soil/fill supplier indicating the soil/fill being imported meets the
definition of acceptable soil/fill. The material certification must
include the following:
(2)
Person receiving or placing
soil/fill material:
(a)
The name, title, company
name, address, telephone number, email address, and other contact
information.
(b)
The site name(s), address(es),
and lot and block number(s) of the property(ies) where the soil/fill
material will be placed.
(c)
The purpose of the imported
soil/fill.
(d)
The quantity in cubic yards
of acceptable soil/fill material to be imported and placed.
(e)
A map depicting the area
where the acceptable soil/fill material shall be placed and the proposed
grades.
(f)
The anticipated dates of
placement and grading.
(g)
The anticipated date of
permanent stabilization of all site areas disturbed as a result of
the placement and grading of the acceptable soil/fill materials.
(h)
Copies of permits from
review agencies other than the Township that are required prior to
the start of work.
Within 15 days after receipt of a complete application, the
Township shall review the application and either approve, conditionally
approve, or deny the application.
In reviewing a permit application under this chapter, the Township
shall be guided by and take into consideration the public health,
safety and general welfare together with the general purposes of municipal
planning. Particular consideration may include, but is not limited
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.
Impact on quality of groundwater
and/or surface water.
H.
Impact on local streets, utilities
and services.
I.
Existing contours and topographic
character of the land prior to the placement of any soil/fill and
proposed contours which will result after the placement of soil/fill
in accordance with the application.
J.
Such other factors as may bear
upon or relate to the coordinated, adjusted and harmonious physical
development of the municipality.
Whenever an application for a permit is denied, the applicant
may appeal the denial to the municipal governing body 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 municipal
governing body shall thereafter hold a public hearing within 30 days
on the matter in accordance with rules or procedures to be established
by the municipal governing authority and may modify, affirm or reverse
the decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions in Chapter 1, Article II, General Penalty, of the Code of the Township of Harmony. 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 § 381-11 above and/or suspension or revocation of such a permit.
