[1972 Code § 116-1]
The purpose of this section is to regulate and control the relocation, filling, excavation and removal of soil in the Borough. The Mayor and Council hereby finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil is detrimental to the public safety, health, general welfare and proper development of the Borough, and constitutes a deterrent to the general purposes of municipal planning of the Borough. The lack of control and regulation would result in serious and irreparable damage to the public welfare by reason of soil erosion, inadequate and improper surface water drainage, the impairment of the fertility of the soil, the removal of lateral support of abutting streets, lands and premises, the creation of dangerous depressions or pits, the deterioration of property values and the rendering of land unfit or unsuitable to its most appropriate uses.
[1972 Code § 116-2]
As used in this section:
Shall mean to dig, excavate, remove, grade, regrade, level or otherwise alter or change the location or contour, to transport or to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of soil, or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
Shall mean any earth, topsoil, sand, clay, loam, gravel, humus or dirt, without regard to the presence or absence therein of organic matter.
[1972 Code § 116-3]
No person, firm or corporation shall move, or cause, allow, permit or suffer to be moved or relocated, any soil in excess of 50 cubic yards from, in, or upon any land in the Borough, unless and until a soil permit shall first have been issued by the Mayor and Council.
[1972 Code § 116-4]
No soil permit shall be required in connection with the construction, alteration, addition to or repairing of any building erected or hereafter to be erected on any land, or the excavation, filling, landscaping or grading incidental to the use of such building on the land, including the installation, repair or replacement of a sanitary system used in connection therewith, provided that the finished grade on such land after completion of the work shall not be lowered to a point more than six inches higher than the crown of the road abutting the property upon which such building shall be located. Further, any holes left as the result of excavation shall not be filled with stones, boulders, debris or stumps unless they are covered with at least three feet of soil. In no case shall any soil be moved under the provisions of this section prior to the issuance of a building permit.
[1972 Code § 116-5]
The Mayor and Council may, upon written application, grant permits for relocation, filling, excavation or removal of soil or other purposes, provided the granting of such application by the Mayor and Council does not create conditions inimical to the public health, welfare and safety and will not result in the creation of sharp declivities, pits or depressions and soil erosion and inadequate and improper surface water drainage, depressed land values, drainage or sewerage problems or other conditions or dangers.
[1972 Code § 116-6]
The application shall be made in writing to the Mayor and Council and filed with the Borough Clerk. The application shall set forth in detail the nature of the proposed relocation, filling, excavating or removal of soil, describe the premises and define the purposes, and shall be accompanied by a contour map of the premises showing present contour lines, proposed contour lines and grades of abutting streets and lands. The applicant shall also submit such other pertinent data as the Mayor and Council may require.
[1972 Code § 116-7]
Upon written request of any applicant, the Mayor and Council shall grant the applicant a hearing prior to making a determination of the disposition of the application. At the hearing, which shall be held within two weeks from the date of the filing of the application with the Borough Clerk, the applicant may present such evidence as he desires in support of his application. In determining the disposition of each application, the Mayor and Council shall take into consideration soil erosion, drainage, soil fertility, lateral support slopes and grades of abutting streets, land values and uses, and such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
[1972 Code § 116-8]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Mayor and Council a bond in acceptable form and acceptable surety and in sufficient amount to ensure the faithful performance of the work to be undertaken pursuant to the permission granted in accordance with the provisions of this section.
[1972 Code § 116-9]
a.
Applicants for permits shall submit, together with their applications, an application fee of $50 to cover the costs of reviewing and issuing the permit.
b.
Permittees shall, within 30 days after concluding work authorized by a particular permit, pay to the Borough the sum of three ($0.03) cents for every cubic yard of soil removed. The total amount of soil removed shall be verified by the Borough Engineer or such other person who may be so authorized by the Mayor and Council.
[Added 5-2-2024 by Ord. No. 24/10]
[Added 5-2-2024 by Ord. No. 24/10]
The purpose of this section is to regulate and control the importation and deposition of soil and fill into the Borough. The Mayor and Council hereby finds and determines that the unregulated and uncontrolled importation of soil and fill into the Borough is detrimental to the public safety, health, general welfare and proper development of the Borough. The lack of control and regulation could result in serious and irreparable damage to the public welfare by reason of the importation of contaminated soil or fill into the Borough. The adoption and enforcement of this section does not exempt an applicant from other required local, State or Federal approvals or local Soil Conservation District requirements regarding the acceptability and placement of soil/fill materials.
This section 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.
[Added 5-2-2024 by Ord. No. 24/10]
For purposes of this section, the terms used herein are defined as follows:
Non-water-soluble, non-decomposable, inert solids such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the DEP's 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 section.
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.
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, non-decomposable, 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.
"Remediation" or "remediate" means all actions to investigate, clean up, or respond to any known, suspected, or threatened discharge of contaminants, including the preliminary assessment, site investigation, remedial investigation, and remedial action, or any portion thereof, provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
[Added 5-2-2024 by Ord. No. 24/10]
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 Borough of Watchung unless a permit is issued by the Borough, along with any other applicable County, State or Federal approval(s) or permit(s). No permit under this section shall be required for any development that requires a land use approval from the Borough Planning Board or Zoning Board of Adjustment provided the approval contains a condition(s) that meet the standards of this section.
b.
Unless otherwise exempt, no permit shall be issued unless: (1) the applicant submits proof that the soil/fill material has been tested consistent with any applicable requirements set forth herein; (2) the soil/fill meets the definition of acceptable soil/fill; and (3) the application otherwise conforms with the standards of this section.
[Added 5-2-2024 by Ord. No. 24/10]
A person is not required to obtain a permit under this section for the following:
a.
Minor filling associated with landscaping activities at any property where up to 15 cubic yards, or as otherwise allowed by the New Jersey Department of Environmental Protection under applicable regulations, per year of acceptable soil/fill material is being deposited.
b.
Placement of landscape material, such as top soil, mulch, decorative stone and wood chips, up to a maximum of 25 cubic yards, provided such material is not to be utilized as fill.
c.
Fill for septic installation and/or repair certified to be such by a licensed New Jersey engineer; or approved by the local health agency.
d.
Virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
e.
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
f.
Soil/fill imported to or moved within a properly licensed Class B recycling facility.
g.
Acceptable soil/fill moved from a properly licensed Class B recycling facility.
h.
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 5-2-2024 by Ord. No. 24/10]
The property owner receiving the soil/fill material is responsible for obtaining the permit.
[Added 5-2-2024 by Ord. No. 24/10]
Each permit issued under the terms of this section shall be valid only for the location(s) and soil/fill material described therein and shall be valid for the duration of the project specified in the permit application.
[Added 5-2-2024 by Ord. No. 24/10]
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 the Borough Engineer who shall administer the applications and permits.
b.
A fee, in the amount of $150 shall be remitted at the time of application. The fee shall address the costs associated with the review of the application and for any field monitoring inspections, as applicable.
c.
The application shall include Form SI-1 Acceptable Soil/Fill Material Certification Form[1] to be completed as follows:
1.
By the soil/fill material supplier.
(a)
Part 1: The date the form is completed, the soil/fill supplier's name, title, company name, address, telephone number, and email contact information.
(b)
Part 2: The site name(s), address(es), and block/lot of the property(ies) supplying the soil/fill material.
(c)
Brief history of the source property(ies), including current or past use of the property.
(d)
If applicable, the date soil/fill material was subject to analytical testing in accordance with applicable requirements of the New Jersey Department of Environmental Protection's guidance entitled "Understanding Requirements for Soil and Fill Materials." If analytical testing was not conducted, justification for making a determination that the soil/fill is acceptable without having analytical results.
(e)
Certification (signature) from the soil/fill supplier that the soil/fill being imported meets the definition of acceptable soil/fill.
2.
By the person receiving or placing acceptable soil/fill material.
[1]
Editor's Note: Form SI-1 may be found in the Borough offices.
[Added 5-2-2024 by Ord. No. 24/10]
Within 30 days after receipt of a complete application, the Borough shall review the application and either approve, conditionally approve or deny the application.
[Added 5-2-2024 by Ord. No. 24/10]
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 Borough 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 60 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.
[Added 5-2-2024 by Ord. No. 24/10]
Any person who violates any provision of this section shall, upon conviction, be subject to a penalty as stated in Chapter 1 Section 1-5, General Penalty. 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.
[Added 5-2-2024 by Ord. No. 24/10]
The person receiving a permit pursuant to this section 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 subsection 23-2.10 above and/or suspension or revocation of such a permit.