[Adopted 1-9-1990 by Ord. No. 1540; amended in its entirety 10-28-1998 by Ord. No. 3016 (Ch. 206, Art. II, of the 1990 Code)]
For purposes of this article, the terms used herein are defined as follows:
ACCEPTABLE SOIL MATERIAL
Earth, sand, clay, loam, gravel, humus, rock or dirt, and may include subsoil or topsoil. No construction debris is permitted.
APPLICANT
The person requesting a soil importation permit as provided for in this article.
DEVELOPER
Any person who, either directly or through an agent or independent contractor, engages or intends to engage in land subdivision for the purpose of sale to or occupancy by another person or persons.
GARBAGE
Meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods "Garbage" is considered to originate primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked and consumed.
LOT
A parcel or plot of land occupied or designed to be occupied by a building and its accessory building or by a dwelling group and its accessory buildings, together with such open spaces as are arranged and designed to be used in connection with such building.
OWNER
Any person seized in fee simple of any lot, subdivision or premises or having any interest or estate therein which would permit effective possession thereof or dominion therefor.
PERSON
Includes an individual, firm, corporation, association, society or partnership, and their agents or employees.
PREMISES
One or more contiguous lots in single ownership.
REFUSE
Includes all miscellaneous matters such as, but not limited to, bottles, construction debris, rags, mattresses, worn-out furniture, old clothes, old shoes, broken glass, leather, carpets, crockery, rubber, newspaper cartons, tin cans, metals, abandoned automobiles or parts thereof.
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of Franklin shall deposit thereon or permit the depositing thereon of any animal or vegetable substance or garbage or refuse or dirt gathered in cleaning sewers, or waste of mills or factories, or any materials which are offensive to health or tend to decay, to become putrid or to render the atmosphere impure or unwholesome.
[Amended 4-23-2002 by Ord. No. 3289]
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of Franklin shall deposit thereon or permit the depositing thereon of any acceptable soil material unless a permit is issued by the Department of Land Use. Exempt from the provisions of this section shall be the following:
A. 
Select fill for septic installation and/or repair certified to be such by a New Jersey licensed engineer; or
B. 
Routine landscaping activities that do not require in excess of 10 cubic yards of approved soil material conducted in connection with residential use not subject to any other permitting requirements set forth in the ordinances of the Township of Franklin. Any materials used in activities permitted herein shall nevertheless conform with all applicable local, state and federal regulations.
Unless otherwise exempt under the terms of this article, no permit to deposit approved soil material upon or used to fill up or raise the surface or level of any lot, grounds, street, road, or alley in the Township of Franklin shall be issued unless such fill operation is performed in connection with:
A. 
A building permit issued by the Division of Code Enforcement; or
B. 
Site plan or subdivision approval granted by the Planning Board or Zoning Board of Adjustment.
[Amended 4-23-2002 by Ord. No. 3289; 9-11-2012 by Ord. No. 3989]
A. 
Unless otherwise exempt under the terms of this article, no permit to deposit acceptable soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Township of Franklin shall be issued unless the applicant submits proof that the acceptable soil material has been tested in conformance with § 206-27 of this article and that it complies with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A.
B. 
Proof shall be a letter from a laboratory certified by the state to perform soil analysis, stating that results meet or exceed the present Ranking Criteria for Residential Direct Contact as contained above, along with the actual test results.
C. 
Soil material obtained from a quarry shall be exempt from the testing criteria. A receipt from the quarry with the material amount shall serve as proof.
[Amended 4-23-2002 by Ord. No. 3289]
The fee for issuance of a permit under this article shall be $200. No permit shall be issued unless the applicant furnishes to the Department of Land Use an approved plot plan, site plan or subdivision plan, as the case may be, for the proposed filling project, the permit fee, and a performance guarantee if not covered elsewhere. Such guarantee shall be a certified check in the sum of $200 made payable to the Township of Franklin to guarantee performance by the applicant of the terms and conditions of this article, such funds to be released upon inspection of the fill project and approval thereof by the Department of Land Use as having met the provisions of §§ 206-24 and 206-27. The Department of Land Use shall have a period of 30 days from receipt of the complete application within which to issue or deny the permit application.
[Amended 4-23-2002 by Ord. No. 3289]
A. 
Any acceptable soil material that will be deposited within Franklin Township, which is to be brought into the Township from outside sources, or from sources within the Township, must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1-A, in accordance with § 206-24 of this article, and evaluated by a state certified laboratory.
B. 
Further:
(1) 
All expenses connected with such testing are to be borne by the recipient of the fill;
(2) 
The Township Engineer and Health Department shall have the authority to order additional reports or inspections as it may deem necessary and appropriate;
(3) 
Acceptance or rejection of any approved soil material is to be made by the Township Engineer or Health Department according to this article and any additional rules or regulations it may from time to time enact; and
(4) 
A minimum of two samples are to be extracted from the source for laboratory analysis for each 500 cubic yard lot, or fraction thereof. Samples are to be extracted, tested and evaluated by a state certified laboratory. Samples must be biased to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or their duly assigned representative.
Any approved soil material to be brought into the Township must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, in accordance with § 206-24 of this article, and evaluated by a state certified laboratory. Further:
A. 
All expenses connected with such testing are to be borne by the recipient of the fill;
B. 
The Somerset County Department of Health shall have the authority to order additional reports or inspections as it may deem necessary and appropriate; and
C. 
Acceptance or rejection of any approved soil material is to be made by the Somerset County Department of Health according to this article and any additional rules or regulations it may from time to time enact.
[Amended 9-11-2012 by Ord. No. 3989]
A. 
Any acceptable soil material that will be deposited within Franklin Township, which is to be brought into the Township from outside sources, or from sources within the Township, must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A, in accordance with § 206-24 of this article, and evaluated by a state-certified laboratory.
B. 
Further:
(1) 
All expenses connected with such testing are to be borne by the recipient of the fill;
(2) 
The Township Engineer and Health Department shall have the authority to order additional reports or inspections as it may deem necessary and appropriate;
(3) 
Acceptance or rejection of any approved soil material is to be made by the Township Engineer or Health Department according to this article and any additional rules or regulations it may from time to time enact; and
(4) 
A minimum of two samples are to be extracted from the source for laboratory analysis for each one-thousand-cubic-yard lot, or fraction thereof. Samples are to be extracted, tested and evaluated by a state certified laboratory. Samples must be biased to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or their duly assigned representative.
Each permit issued under the terms of this article shall be valid only for the location(s) described in the permit and for a period of six months from the date of issuance, subject to renewal.
[Amended 4-23-2002 by Ord. No. 3289]
Any person, firm or corporation who or which shall violate any provision of this article shall pay the required fees in connection with the permit as outlined herein, plus all costs associated in having the material tested, plus a cost of $5 for each and every cubic yard of material that has been imported to the site, as determined by the Township Engineer. Such person, firm or corporation shall also be liable to a fine of not more than $5,000 or to imprisonment for a term not to exceed 90 days, or both such fine or imprisonment, at the direction of the Court. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.