[HISTORY: Adopted by the Mayor and Council of the Township of Pohatcong 5-17-2022 by Ord. No. 22-03. Amendments noted where applicable.]
No person shall cause the placement of any soil, including dirt, stone, gravel, sand, humus, clay, loam, rock and any mixtures of the same, on any premises in the Township of Pohatcong, whether such material be for sale, gift or otherwise, unless a permit therefor is first secured from the Township Engineer or the Township Land Use 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 Township of Pohatcong to another property also located within the Township.
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 Warren 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 Township of Pohatcong Land Use 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 or quarry.
H. 
Soil imported from any noncommercial, nonindustrial, residential or agricultural property within the County of Warren.
I. 
The Township and any of its commissions/boards are exempt from the terms of this chapter.
J. 
The Mayor and Township 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 Township Engineer who shall issue the permit based upon finding substantial compliance with the provisions of this chapter; provided, however, the Township 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 of the Township Engineer's receipt of the application. In the event the Township 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 the fees set forth in § 232-8 below.
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; owner's name and municipality.
(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 Land Use Board for site plan approval. In addition to complying with the requirements of § 232-3, the application shall also include 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 Land Use 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 the 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 Township Planning Board Secretary the following:
(1) 
Certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he has notified all property owners within 200 feet, including certified notice receipts.
(2) 
Proof of publication in the official newspaper of the Township at least 10 days prior to the hearing.
The Township Engineer (minor permit) and the Township Land Use 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 Township Engineer (minor permit) or by resolution of the Township Land Use 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 Township 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 temporary stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.
A. 
The Zoning Officer or other official designated by the Township Council shall have the authority to enforce the provisions of this chapter and to issue summonses to any person importing soil without a permit.
B. 
The Township 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 Township Engineer shall, from time to time, upon their own initiative, and whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. The Township Engineer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.
C. 
After notice and an opportunity to be heard before the Township 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. In addition to the revocation provided for herein, any person who violates this chapter or any director or officer of a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 153 of the Code, in the discretion of the Municipal Court Judge.
D. 
In addition to the penalties set forth in Subsection C above, the Township shall have the right, but not the obligation, to pursue injunctive relief in the Superior Court of New Jersey, Warren 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.
A. 
The permit fee for a minor soil permit shall be $150 and an escrow deposit for Township Engineer review of $500.
B. 
The permit fee for a major soil permit shall be $150 and an escrow deposit with the Land Use Board of $3,000.
C. 
The applicant shall be responsible for all fees of the Township Engineer incurred in reviewing applications and making inspections prior or subsequent to the issuance of a permit of any kind.