[HISTORY: Adopted by the Township Council of the Township
of Brick 5-26-2009 by Ord. No. 30-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Engineering permits and standards — See Ch. 168.
Land use — See Ch. 245.
Solid waste — See Ch. 390.
Stormwater management — See Ch. 396.
[1]
Editor's Note: This ordinance also repealed former Ch.
383, Soil Removal, adopted 12-15-1970 by Ord. No. 93-70 (Ch. 261 of
the 1989 Code), as amended.
The Mayor and the Township Council find that the unregulated
moving of soil to and from lands within the Township has the potential
to result in conditions detrimental to the health, safety and general
welfare of the Township and its residents; and that such unregulated
and uncontrolled movement of soil to and from lands located within
the Township has created in the past and will create in the future
one or more of the following conditions: soil erosion by water and
wind; inadequate and improper surface water drainage; decrease in
soil fertility; siltation of water bodies; removal of lateral support
abutting streets, lands and premises; creation of excessive amounts
of dust and mosquito breeding places; deposit on Township streets
of large quantities of dust, mud or dirt; creation of dangerous depressions
or pits; deterioration of property values; the rendering of lands
unfit or unsuitable for their most appropriate uses; and the creation
of other conditions hampering and deterring the coordinated and adjusted
and harmonious development of the Township.
For the purposes of this chapter, except as the context may
otherwise require, the words used in this chapter shall mean and include
the following:
The owner or contract purchaser or an authorized agent of
land of same upon which earthwork activities are to take place.
Clean fill shall be constructed of soil or rock materials
or a combination of these materials meeting the following gradation.
These materials shall be free from stumps, roots, weeds, sod, rubbish,
garbage, and any other material that may decay. Clean fill shall also
be free of any chemical or physical contamination in accordance with
NJDEP guidelines.
|
Sieve Size
|
Percentage by Weight Passing
| |
|---|---|---|
|
2 inch
|
100
| |
|
3/4 inch
|
70 to 100
| |
|
No. 4
|
30 to 90
| |
|
No. 50
|
10 to 35
| |
|
No. 200
|
0 to 12
|
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour.
A soil removal or fill permit issued under the terms of this
chapter.
One or more contiguous parcels of land in single ownership.
Parcels shall not be deemed to be contiguous if separated by a road,
railroad, right-of-way, brook, stream or other natural division.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
and mixtures of any of them.
Soil that, in its natural state, constitutes the top layer of
earth and is composed of 2.75% or more, by weight, of organic matter,
and has the ability to readily support vegetation. Topsoil shall not
contain stones, lumps, roots, or similar objects larger than 1/2 inch
in any dimension and shall have not less than a 5.8 pH value. The
gradation of the topsoil shall be within the following, using the
Bouyoucos Hydrometer Analysis conforming to AASHTO T 88:
Not more than 20% of the material submitted from an off-site
sample shall be retained on a No. 10 sieve.
Retention of material.
|
Material
|
Percentage
| |
|---|---|---|
|
Sand (80 mils to 2 mils)
|
40 to 80
| |
|
Silt (2 mils to 0.2 mils)
|
0 to 30
| |
|
Clay (0.2 mils and smaller)
|
15 to 30
| |
|
Material outside these ranges is not suitable for use as topsoil.
| ||
Unacceptable Topsoil Sources. Material stripped from the following
sources shall not be considered suitable for use as topsoil:
|
Chemically or physically contaminated soils.
| |
|
Wet excavation.
|
Prior to the digging, excavation, disturbance, or transportation
of any soil on any premises in the Township for use other than on
the premises from which it is being taken, or prior to the filling
of any property or properties within the Township, an application
shall be made by the owner, contract purchaser or authorized agent
to the office of the Township Engineer for a soil removal or fill
permit on the officially designated form. This requirement to obtain
a permit applies to all construction including all buildings, roadways,
driveways, retaining walls, all other construction which requires
soil removal or filling with soil, and for restoration and restabilization
of all areas of any site in which grading, soil removal or adjacent
construction activity has taken place. All properties filled shall
be filled with clean fill or topsoil as defined in this chapter. The
application shall be submitted to the Township as follows:
A.
If the soil removal or filling is necessary for the development of
a project which has been granted approval by the Planning Board or
Board of Adjustment, an application shall be made to the Township
Engineer.
B.
If the soil removal or filling is necessary for the development of
a project which has not been granted approval by the Planning Board
or Board of Adjustment, an application shall be made to the Planning
Board.
C.
The requirements of this chapter shall not apply when one of the
following circumstances are present:
A.
The application shall be filed on a form supplied by the Township
Engineer and shall provide the following information:
(1)
Owner, applicant and contractor name, address and telephone numbers.
(2)
The name, address and telephone number of the person(s) responsible
for the work of removing the soil or filling.
(3)
Address and block/lot designations of all properties from which soil
removal is to take place and/or at which filling is to take place.
(4)
Narrative statement concerning the purpose of application.
(5)
Name of project(s), if any.
(6)
The destination of the soil to be removed from the site. If the destination is not listed in Subsection A(3) above, and the destination is within the Township, the street address, Tax Map block/lot designation, and other information which identifies the location is required.
(7)
A detailed description of the entire route within the Township to
and from the proposed site(s) to be used in transporting soil removed
or soil used for fill. Where the approval from the reviewing office
expressly designates a route, no deviations from this route will be
permitted unless authorized by the Township Engineer or Planning Board
or Board of Adjustment.
(8)
An estimate in cubic yards of the quantity of soil to be removed,
broken down into two figures: topsoil and total; or an estimate in
cubic yards of the quantity of soil to be installed as fill broken
down into two figures: topsoil and total.
(9)
All information on the fill material as required by the definition
of "clean fill" in this chapter. The data shall be submitted and approved
by the Township Engineer prior to the start of work. Only material
data from a legally certified testing laboratory shall be considered
and should include soil borings, gradation, composition, proctor values
and any other information required by the Township.
(10)
Start of work date, approximate project duration, and completion
date.
(11)
All necessary outside agency permits or authorization required
for the project.
(12)
Application fees as specified elsewhere in this chapter.
B.
For each application for soil removal or filling, a survey or plan
signed and sealed by a professional engineer licensed to practice
in the State of New Jersey is required. Said plan shall contain the
following:
(1)
The plan shall be drawn to a minimum scale of one inch to 100 feet
for soil removal, and a scale of one inch to 50 feet for filling.
(2)
The dimensions of the properties where the activity is to take place,
and the lot and block number of the property and of each lot surrounding
the land within 200 feet as shown on the current Tax Map of the Township.
(3)
All existing and proposed structures, easements, floodplains, wetlands,
stream encroachment areas and other designations on the property which
may restrict activities on part of the property, and all elevations
of same.
(4)
All existing tree lines, limit of disturbance lines, and all tree
removal and tree replacement information as specified elsewhere in
this chapter.
(5)
Areas of disturbance and limits of soil erosion control measures
shall be clearly delineated.
(6)
Existing and proposed contours and grades as required by the Township
Engineer, and for soil removal, the present grade on a fifty-foot
grid layout with contour lines at one-foot levels up to and including
20 acres; or for more than 20 acres, one-hundred-foot grids with contour
lines at two-foot levels. Additionally, the grades of all abutting
streets and lands around the outer boundaries of the site shall be
provided.
(7)
The quantity, in cubic yards, of soil to be removed, or fill material
to be installed.
(8)
The average depth of topsoil in existing condition as determined
by taking borings in the approximate center of each one-hundred-foot
grid.
(9)
The demonstration of positive drainage flow with grades a minimum
of 1.5% and swales to convey runoff, and the areas where runoff is
to be discharged (streams, water bodies, watercourses, natural or
artificial).
(10)
Proposed slopes and lateral supports at the limits of the area
upon completion of the proposed work.
(11)
Information on retaining walls as further required by other
applicable sections of the chapter.
(12)
Measures for the prevention of soil erosion and sediment control
during construction until soil is stabilized. The applicant shall
comply with all local Soil Conservation District requirements.
(13)
Methods of final soil stabilization and description of ground
cover, plantings, vegetation, and landscaping. Residential properties
shall receive a minimum of four inches of topsoil on all disturbed
areas. Nonresidential properties shall receive a minimum of six inches
on all disturbed areas.
(14)
The applicant shall furnish any other pertinent data the Township
Engineer may require after examination of the proposed project, including
site inspection. If the soil removal or fill is for the development
of an approved subdivision or site plan by the Planning Board or Board
of Adjustment, the above-referenced requirements may be met by the
submission of the approved development plans, subject to final determination
by the Township Engineer.
A.
Application fees.
(1)
In the event the application is reviewed in the Township Engineer's
office, the application shall be accompanied by the fee indicated
on the application form.
(2)
In the event the application must be brought to the Planning Board,
the application shall be accompanied by a fee which shall be paid
to the Township according to the Planning Board fee schedule.
(3)
In the event the application must be brought to the Board of Adjustment,
the application shall be accompanied by a fee which shall be paid
to the Township according to the Board of Adjustment.
(4)
Renewal application shall be as indicated on the application form.
(5)
If a soil removal or fill permit is denied, no refund of fees shall
be permitted.
B.
Inspection fund. There shall be an inspection fund established to
cover the cost of inspection and enforcement of the provisions of
this chapter, based upon the total number of cubic yards to be removed
or installed, as determined by the Township Engineer.
C.
Performance bond.
(1)
Posting amount. No soil removal or fill permit will be issued until
the applicant has posted with the Township a performance bond to cover
damage to Township roadways in a form and with a surety that is acceptable
to the Township and in an amount as follows: The bond amount shall
be $15,000 for up to the first mile of the haul route along Township
roads which is along the frontage of all properties from which soil
removal and/or filling is to take place; $25,000 per mile or part
thereof after the first mile of haul route for projects which have
more than one mile of frontage along Township roads of all properties
from which soil removal and/or filling is to take place.
(2)
The performance bond will be conditioned upon the full and faithful
performance by the applicant and principal, within the time specified
in the application, of all the proposed work in accordance with the
provisions of this chapter and of the soil removal or fill permit
issued pursuant thereto.
(3)
The condition of the performance guaranty shall be that the permittee
has properly completed its soil removal and/or fill work and that
pavement stability, maintenance, cleaning, traffic direction, when
required, and utility protection in conjunction with the removal or
fill activity at the site and haul route has been maintained. The
guaranty shall be posted in the amounts specified above for the duration
of the haul cycle for removal of the soil or filling, whichever is
longer. Upon completion or abandonment of the work, the Township Engineer
shall inspect the site and haul route and render a written report
to the Township regarding the performance guaranty status. Any reduction
or release of the performance guaranty shall be authorized by resolution
of the Township Council.
(4)
Renewal. If the applicant shall fail to fill or remove the amount
of soil estimated in the original application within the period of
one year, he shall be required to submit an application for renewal
and pay the fees applicable to the renewal application prior to the
approval of same application for renewal. Renewal is also contingent
upon renewal of the bond as required in this section.
A.
To ensure conformity to the requirements of this section, inspections
shall be made by the Township Engineer or his authorized or qualified
agent upon the lands on which the soil-moving or filling operations
are being conducted for the entire duration of the soil-moving or
filling operations.
B.
Copies of the soil removal or fill permit shall be posted on all
premises affected thereby, and any person or entity engaged in the
transportation of soil to or from any site in Brick Township shall
produce a copy of said permit upon request from any officer, agent
or employee of the Township authorized to enforce this chapter. Failure
to produce this documentation on request shall constitute adequate
cause for issuance of a stop-work order.
C.
Sectioning of land under permit. The applicant shall be required
to section the property which is the subject of the permit into areas
of not more than five acres for soil removal, and not more than 10
acres for filling, and to schedule the work of soil removal or filling
so that the operation conducted in one section is completed and at
final grade before work is commenced in any other section of the premises.
D.
Complete removal of a bank. If the application for a soil removal
permit involves the complete removal of a bank which extends above
the elevation of the surrounding lands or above the elevation of a
public road or street adjacent to the land where the removal project
is to take place, the moving or removal shall be so conducted as to
leave the final grade of the land or lot from which the bank is to
be removed at a grade that will not create a hazardous condition for
the surrounding lands or a public road or street. Wherever practical,
the final grade shall not be lower than the grade of the surrounding
lands or of a public road or street, and the final grade shall be
established and maintained at a minimum of 1 1/2% to ensure proper
drainage. In addition, no slope shall exceed the grade of 33%.
E.
In the course of filling with soil, placement and compaction with
fill materials shall be in accordance with current NJDOT Standard
Specifications. Fill shall not be placed over topsoil, but areas of
embankment shall be stripped prior to fill placement. Fill materials
shall be placed in layers not more than 12 inches thick, loose measurement,
and compacted as specified below. Completed in place embankment shall
be compacted to a density of not less than 95% of the established
reference maximum density. A minimum of two field density tests shall
be taken according to AASHTO T 191, AASHTO T 205, or AASHTO T 238,
Method B and AASHTO 239 on each compacted layer or as directed by
the Township Engineer. Only one of the referenced methods shall be
used on the project.
F.
Topsoil.
(1)
Replacement of topsoil. Whenever any owner, developer or excavator
removes or fills property in the Township, provision shall be made
for the replacement of topsoil within the boundary lines of the property.
Except as hereinafter provided, all topsoil shall be uniformly replaced
over the entire area or surface of the land, less newly developed
areas, on or before the completion date set forth in the soil removal
or fill permit. The final grade of the replaced topsoil shall conform
to the proposed final grades shown on the topographical map. Topsoil
shall be compacted and stabilized in accordance with appropriate local
Soil Conservation District provisions.
(2)
In the event that the topsoil so stored does not meet the definition
of "topsoil" as defined herein, then the owner or developer shall
bring to the site topsoil that does conform to the definition. The
replaced soil shall meet all other requirements of this section.
(3)
The applicant shall submit additional testing and sampling as directed
by the Township Engineer to ensure compliance to these provisions.
G.
In the course of filling or soil removal operations, the owner or
person in charge shall conduct the operations so that there will be
no interruption of natural drainage; and that the area will be properly
leveled off, cleared of debris and graded to conform to the contour
lines and grades as approved by the Township Engineer. The conduct
of the operation shall be under the observation and control of the
Township Engineer, who will make periodic inspections to determine
that there is no deviation from the information and requirements of
the application as approved.
H.
Every fill and soil removal project shall be conducted and completed
in a manner which will eliminate any conditions hazardous to the public
who may have access to the property or the health, safety or welfare
of the Township. No boulders, tree stumps and other debris shall be
buried with fill, but shall be legally removed from the site.
I.
No fill or excavating operation is to be conducted except between
the hours of 8:00 a.m. and 5:00 p.m. on weekdays (Monday to Friday)
only.
J.
No person shall permit the accumulation of dirt, rubble or debris
on any roadway within the Township as a result of soil removal, fill
or trucking of soil to/from any site in the Township.
K.
The excavating or filling operation shall be conducted so that the
noise from trucks or equipment will not be a source of annoyance or
discomfort to any residents of the Township. The applicant shall comply
with all other provisions of this chapter.
L.
Every truckload of material shall be properly trimmed and shall have
no material protrude more than 12 inches above the sides or rear of
the truck at the peak or highest point of each load. Every hauler
shall be responsible to ensure that sand, dirt or dust does not blow
from his or her truck within the Township. All loads shall be covered.
M.
A minimum of 48 hours' notice to the Township Engineer's
office shall be required for all work under this chapter. Failure
of proper notice may result in rework, nonacceptance of the work and/or
penalties imposed as outlined in this chapter.
N.
Transportation of soil. A person who transports over the streets,
roads or highways in the Township soil removed from or transported
to land or premises pursuant to a soil removal or fill permit shall
daily sweep, pick up and remove or cause to be swept, picked up and
removed all dust, dirt and mud from roads, streets or highways and
shall apply or cause to be applied to the roads, streets or highways
a dust preventive whenever deemed necessary by the Township Engineer.
If a permit holder neglects or refuses to sweep, pick up and remove
any dust, dirt and mud or to apply a dust preventive when required,
the Township Engineer is authorized to suspend the permit for a period
of not less than three days or may revoke the permit after notification,
in writing, by an authorized officer, agent or employee of the Township
to the holder of the permit. If revoked, no soil removal permit or
fill permit shall again be issued unless application is made as required.
The Township Engineer shall enforce the provisions of this chapter
including, but not limited to, those violations arising out of the
failure of any person or entity to apply for and obtain a soil removal
or disturbance permit. He shall, from time to time, upon his 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. He shall report all violations and take
any action deemed necessary for proper enforcement.
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 the Township Engineer may determine for any violation
of the terms hereof or the terms and conditions of any permit granted
hereunder. In addition to action on the bond required or 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 a maximum fine
of $2,000, or imprisonment for a period not to exceed 90 days, or
both. Each and every day that such violation continues or exists shall
be considered a separate and specific violation of these provisions
and not as a continuing offense.
