[Adopted by Ord. No. 91-27 (§ 17-2 of the 2001 Code)]
As used in this article, the following terms shall have the meanings indicated:
DRY FILL
Includes masonry materials, rock, brick, dirt, soil stone, cinders, ashes from wood fire and bituminous materials or other nonputrescent materials.
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.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
REFUSE
Includes all miscellaneous matters such as, but not limited to, bottles, rags, mattresses, worn-out furniture, old clothes, old shoes, broken glass, leather, carpets, crockery, rubber, newspapers, cartons, tin cans, metals, abandoned automobiles or parts thereof.
No 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 shall be deposited upon or used to fill up or raise the surface or level or any lot, grounds, street, road or alley in the Township.
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street or road in the Township shall 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 2-12-2009 by Ord. No. 2009-10]
Any fill which is brought into the Township for the purpose of filling in, or raising the surface or level of any lot or property located within the Township, shall be clean fill devoid of any dry fill, garbage, refuse, or contaminants, except as provided in § 216-26. All fill which is brought into the Township shall be subject to approval by the Township Engineer prior to its placement on the site for which its use is intended. The Township Engineer shall have the authority within his/her discretion to temporarily or permanently cease the importation of soil for any specific property at any time if he/she determines that fill brought into the Township contains any prohibited material as set forth herein.
[Amended 2-12-2009 by Ord. No. 2009-10]
Dry fill may be imported for use in the Township only for the purpose of raising the surface or level of a street or road. No dry fill shall be deposited upon or used to fill up or raise the surface or level of any street or road in the Township unless a special license is issued by the Township Engineer.
[Amended 2-12-2009 by Ord. No. 2009-10]
No license to deposit dry fill shall be granted to any person or persons unless it shall appear to the satisfaction of the Township Engineer, after inspection of the area wherein the fill is to be used by the applicant and the consideration of the application and the facts therein and therewith presented, that the depositing of dry fill or the permitting of the deposit of dry fill will not endanger the health of the residents of the Township and is strictly for use in raising the surface or level of a street or road. If it shall appear to the Township Engineer at any time while dry fill is being deposited or permitted to be deposited under a license issued under the provisions of this article, that the same then endangers the health of the residents of the Township, or if the licensee in any way violates the provisions of this article, the Township Engineer may revoke the license. A license shall condition hours of operation to those hours and days during which municipal offices are open and to periods of low traffic if a large quantity of fill is to be imported. It may also be conditioned upon proper traffic control; proper road maintenance; and assurance of restoration of roads in the discretion of the Township Engineer.
Exempt from the provisions of this article shall be the following:
A. 
Select fill for septic installation and/or repair certified to be such by a New Jersey licensed engineer.
B. 
Topsoil, decorative stone, and materials used to serve as a substrata for driveways or structures for which a building permit has been issued pursuant to the provisions of the Uniform Construction Code.[1] The origin of the above material shall be disclosed by the applicant in writing at the time of application for a permit under the Construction Code.
[1]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
[Amended 2-12-2009 by Ord. No. 2009-10]
The fee for issuance of a license under this article shall be as set forth in Chapter 109, Fees. The fees shall be payable when such license is issued. No license shall be issued unless the applicant furnishes to the Township Engineer a plot plan for the proposed filling project and a certified check in the sum set forth in Chapter 109, Fees, made payable to the Township of Robbinsville 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 Township Engineer as having been done in accordance shall have a period of 30 days from receipt of the application within which to issue or deny the license applied for.
Any fill to be brought into the Township must be tested at the source and evaluated by a state certified laboratory.
A. 
All expenses connected with such testing are to be borne by the hauler or recipient of the fill.
B. 
All fill and/or topsoil must be free of all garbage, refuse and toxic materials, including asbestos.
C. 
The Township Engineer shall have the authority to order additional reports or inspections as he/she may deem necessary and appropriate.
[Amended 2-12-2009 by Ord. No. 2009-10]
D. 
Acceptance or rejection of any fill or topsoil is to be made by the Township Engineer according to this article and any additional rules or regulations it may impose.
[Amended 2-12-2009 by Ord. No. 2009-10]
[Amended 2-12-2009 by Ord. No. 2009-10]
Each license issued under the terms of this article shall be valid for a specified period of time, not to exceed one year from the date of issuance. Licenses may be renewed in the discretion of the Township Engineer for additional periods of time.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article II, General Penalty. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.