[Added 10-25-2022 by Ord. No. 2022-13]
This chapter shall be known as the "Soil/fill placement permit ordinance of the Township of Sparta."
The Township Council finds that the unregulated and uncontrolled placement and movement of fill, 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 and fill 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 soil and fill movement operations and filling operations be reviewed and approved by the Township Zoning Officer and/or Township Engineer. All soil and fill 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 and fill movement operations and filling operations are an asset to the Township of Sparta, rather than a liability, all such operations shall adhere to the conditions, restrictions and provisions outlined in this chapter.
[Added 10-25-2022 by Ord. No. 2022-13]
The words defined in this section shall mean and include the following when used in this chapter:
ACCEPTABLE SOIL/FILL
Non-water-soluble, non-decomposable, 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.
APPLICANT
The property owner requesting a soil importation permit as provided for in this chapter.
APPROVED PLAN
A plan for the placement or movement of soil/fill approved by the Zoning Official and/or Township Engineer (minor permit) or by the Township Engineer (major permit) pursuant to the provisions of this chapter.
CONSTRUCTION/DEMOLITION DEBRIS
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; non-asbestos building insulation; plastic scrap; carpets and padding; and other miscellaneous materials.
CONTAMINATED PROPERTY
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.
CONTAMINATED SOIL/FILL
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.
FILL
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, non-decomposable, inert solids, such as rock, gravel, brick, block, concrete, glass, and/or clay or ceramic products or any combination thereof.
MAJOR SOIL/FILL PERMIT
A permit for any volume of soil/fill placed on a non-residential property or a permit for a volume of soil/fill that exceeds the 200 cubic yard maximum for a minor soil/fill permit.
MINOR SOIL/FILL PERMIT
A permit for a volume of soil/fill of more than 25 cubic yards but less than 200 cubic yards.
PERMIT
A soil/fill permit.
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.
TOPSOIL
The arable soil within eight inches of the surface.
TOWNSHIP
The Township of Sparta.
[Added 10-25-2022 by Ord. No. 2022-13]
a. 
No person shall fill or cause the placement or movement of any soil on any premises in the Township of Sparta whether such fill be for sale, gift or otherwise, unless a permit therefore is first secured from the Township Zoning Officer and/or Township Engineer as hereinafter provided.
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 State of New Jersey requirements; 2) the soil/fill meets the definition of acceptable soil/fill; and 3) the application conforms with the standards of this chapter.
[Added 10-25-2022 by Ord. No. 2022-13]
a. 
The provisions of this chapter shall not apply to de minimis filling associated with landscaping activities at any property where up to a total of a cumulative volume of 25 cubic yards of acceptable soil/fill material is being deposited during a one-year period.
b. 
The provisions of this chapter shall not apply to excavations or fill for building foundations, septic tanks or sanitary installations, provided that no excavation or construction of any kind shall take place until a permit has been approved by the Construction Official and/or Department of Health as required by law. Any soil/fill material used in conjunction with these activities, however, must be acceptable soil/fill which meets the requirements of Chapter 26, § 26-5C6.
c. 
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the Soil Conservation Program of the Upper Delaware Soil Conservation District, Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency, provided that all soil moving operations and fill operations in and upon such lands are performed in accordance with said approved farm plan and provided further that a copy of said approved farm plan is placed on file with the Township prior to any soil moving operations or fill operations. However, any person filling property must provide proof to the Zoning Officer and Township Engineer that the soil is acceptable soil/fill which meets the requirements of § 26-5C6, the address, block and lot the soil/fill originated from and the quantity being imported. Failure to provide this proof will result in a stop work order until such information is provided to the Township.
d. 
A separate soil permit under this chapter shall not be required for improvements to properties which have been approved by the Sparta Township Planning Board or Zoning Board as part of a subdivision or site plan application pursuant to Chapter 18, the Comprehensive Land Management Code, Subdivision and Site Plan Review, however, any soil/fill material used as part of a subdivision and/or site plan must be in conformance with the requirements of § 26-5C6 and the developer shall demonstrate that conformance to the Township Engineer prior to site disturbance and soil movement.
e. 
Nothing in this chapter shall be construed to affect or apply to any person properly engaged in a state or federally mandated cleanup plan; provided that all soil moving, removal operations and fill operations are performed in accordance with said cleanup plan under the direction of a Licensed Site Remediation Professional and notice of the state-mandated cleanup plan is placed on file with the Township Engineer prior to any soil or fill moving, removal operations or fill operations.
f. 
The provisions of this chapter shall not apply to the storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards, provided that the outdoor storage of materials on said property has previously been established and does not require site plan approval from the Sparta Township Planning Board or Zoning Board pursuant to Chapter 18 and provided said soil/fill meets the requirements of § 26-5C6.
g. 
The provisions of this chapter shall not apply to the replenishment of sand on lake community beach areas. Any sand material used in conjunction with these activities, however, must be demonstrated to the Township Engineer to be acceptable fill which meets the requirements of § 26-5C6 before the fill or sand is placed in the beach area.
h. 
The provisions of this chapter shall not apply to the placement of stone, gravel, or other quarried materials for the purpose of driveway construction.
i. 
The provision of this chapter shall not apply to Virgin quarry products being produced or moved on site, including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
j. 
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
k. 
Soil/fill imported to or moved within a properly licensed Class B recycling facility.
l. 
Acceptable soil/fill moved from a properly licensed Class B recycling facility.
m. 
Public works projects conducted or contracted for by a public entity or utility regulated by the Board of Public Utilities provided the soil/fill material meets the definition of acceptable soil/fill.
[Added 10-25-2022 by Ord. No. 2022-13]
a. 
The property owner receiving the soil/fill material is responsible for obtaining a permit.
b. 
The application for a minor soil/fill permits shall be filed with the Township Zoning officer who shall issue the permit based upon substantial compliance with the provisions of this chapter; provided, however, that the Township Zoning Officer and/or Township Engineer shall have the authority to deny a permit if he/she determines that the placement of fill would be detrimental to the health, welfare or safety of the general public. The denial shall be in writing setting forth reasons for same. Action on an application for a minor soil/fill permit shall be taken within 10 businesses days of receipt of all required items.
c. 
Application for minor soil/fill permits 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.
5. 
The nature and quantity, in cubic yards, of soil to be filled.
6. 
The source of material to be used as fill and proof that the soil/fill materials to be used have been tested and found to be in conformance with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A.
(a) 
Proof under this section shall include a letter from a laboratory certified by the State to perform soil analysis, stating that results meet or exceed the standards set forth in N.J.A.C. 7:26D, Appendix 1, Table 1A, and such other State, county or municipal standards in effect at the time of testing, along with the actual test results.
(b) 
A minimum of two samples are to be extracted from the source for laboratory analysis for each 1,000 cubic yard lot, or fraction thereof. Samples are to be extracted, tested, and evaluated by a State certified laboratory. Samples must be based to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or his duly assigned representative.
(c) 
Natural material obtained from a quarry specifically named and known shall be exempt from the testing criteria. Testing of quarried material will not be required, however, a prior certification in accordance with this chapter and receipt from the quarry with the material amount being delivered to a site are required.
(d) 
Proof shall include copies of bills of lading, soil seller certificates in accordance with this chapter, and trucking records stating the location of where the soil/fill material was picked up and the location of where the soil/fill material was delivered.
(e) 
The source from where the soil is coming from shall be provided with the permit application and shown on the plans, including tax lot and block; owner's name, address telephone number and municipality and certificates in accordance with this chapter.
7. 
The location to which the soil is to be placed.
8. 
The proposed date of completion of the soil/fill.
9. 
Supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter.
10. 
An approved soil erosion and sediment control permit (if applicable).
11. 
Permit application fee as established in Appendix § A-26.
d. 
An application for a major soil/fill permit shall filed with the Township Zoning Officer who shall issue the permit upon the Township Engineer finding the permit application to be in substantial compliance with the provisions of this subchapter; provided the Township Engineer shall have the authority to deny a permit if he/she determines that the placement of fill would be detrimental to the health, welfare or safety of the general public or would not comply with this chapter or the Code of the Township. The denial shall be in writing setting forth reasons for same. Action on an application for a major soil/fill permit shall be taken within 30 businesses days of receipt of all required items.
e. 
The application for a major soil/fill permit shall include the requirements of § 26-5C and 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 two-foot intervals.
3. 
Proposed contour lines at two-foot intervals after fill of the soil.
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. 
Location of any topsoil storage areas.
8. 
Soil erosion and sediment control measures.
9. 
Cross sections of the fill areas at fifty-foot intervals.
10. 
The forms, certifications and soil testing analysis as required by this chapter.
f. 
The application shall include Form SI-1 Acceptable Soil/Fill Material Certification Form to be completed as follows:
Editor's Note: The form is included as an attachment to this chapter.
By the soil/fill material supplier
Part 1: The date the form is completed, the soil/fill supplier's name, title, company name, address, telephone number, and email contact information.
Part 2: The site name(s), address(es), and block/lot of the property(ies) supplying the soil/fill material.
Brief history of the source property(ies), including current or past use of the property.
Answers to questions 1 through 3.
Certification (signature) from the soil/fill supplier that the soil/fill being imported meets the definition of acceptable soil/fill.
By the person receiving or placing acceptable soil/fill material
Part 3: The date the form is completed, the name, title, company name, address, telephone number, and email contact information.
The address of the location where soil/fill placement will be placed.
Answers to questions 1 through 5.
Certification (signature) from the person receiving or placing the soil/fill material.
[Added 10-25-2022 by Ord. No. 2022-13]
In considering and reviewing the application and arriving at a decision, the Zoning Officer and the Township Engineer must 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.
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. 
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 or movement 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 nonpermitted or unauthorized use or activity.
[Added 10-25-2022 by Ord. No. 2022-13]
A permit shall be issued after the approval of the application by the Zoning Official or by the Township Engineer. The approval shall specifically list the total number of cubic yards of soil authorized to be filled as calculated by the Zoning Officer or the Township Engineer based upon the contour maps submitted and approved.