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:
APPLICANT
The owner or contract purchaser or an authorized agent of
land of same upon which earthwork activities are to take place.
CLEAN FILL
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
|
EXCAVATOR
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour.
PERMIT
A soil removal or fill permit issued under the terms of this
chapter.
PREMISES
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.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
and mixtures of any of them.
TOPSOIL
A.
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:
(1)
Not more than 20% of the material submitted from an off-site
sample shall be retained on a No. 10 sieve.
(2)
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.
|
B.
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:
(1) When soil removal results from excavation involving one single-family
house, basement or accessory structure (e.g., pool or patio); or
(2) When the total quantity of soil removed from or added to any tract
is less than 100 cubic yards.
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.