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Township of Colts Neck, NJ
Monmouth County
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[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 12-26-1969 as Ch. 59 of the 1969 Code; amended in its entirety 7-14-2021 by Ord. No. 2021-15. Subsequent amendments noted where applicable.]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, except that reasonably necessary for the construction or alteration of a building, septic system or in-ground swimming pool on such premises and excavation or grading required therefor or reasonably incidental thereto, without first having procured permission from the Township Engineer. In the case of the development of a subdivision or a site plan considered by the Planning Board of the Township of Colts Neck, permission may be granted by the Planning Board in connection with granting such approvals.
A. 
The Township Engineer shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Township Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Engineer of the Township of Colts Neck. No such permission for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Township Engineer of the Township of Colts Neck.
B. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
A. 
An application fee in the amount of $250 shall be furnished at the time of application.
B. 
An escrow fee in the amount of $1,500 to reimburse the Township for reasonable administrative, legal and engineering work shall be furnished at the time of application.
A. 
Upon receipt of an application for soil removal, the Township Engineer, in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
B. 
If, after examining the application and the map provided for in § 193-2 of this article, the Township Engineer shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
C. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
A. 
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines and grades as approved by the Township Engineer.
B. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Township Engineer.
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file, upon the request of the Township Engineer as set forth in the within ordinance, a bond, in form and with surety acceptable to Colts Neck Township, in such amount as, in the opinion of the Township Engineer, shall be sufficient to assure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Engineer pursuant to the provisions of this article.
No excavation shall be made and no soil shall be removed under the provisions of this article unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this article. Said permit shall remain in effect for one year from the date of its issuance. A renewal permit shall be issued only upon application made therefor.
A violation of any provision of this article shall be punishable as provided in § 1-9 of this Code.
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 Township, unless a permit is issued by the Township Engineer as well as any other applicable county, state or federal approval(s) or permit(s), including Freehold Soil Conservation District approval.
B. 
Unless otherwise exempt under this article, no permit shall be issued unless:
(1) 
The applicant submits proof that the soil/fill material has been tested in accordance with this article;
(2) 
The soil/fill meets the definition of acceptable soil/fill; and
(3) 
The application otherwise conforms with the standards of this article.
A soil fill permit is not required under this article for the following:
A. 
Minor filling activities at any property where up to 100 cubic yards per year of acceptable soil/fill material is being deposited.
B. 
Construction, addition or alteration of a single-family dwelling.
C. 
Installation of an in-ground swimming pool.
D. 
Installation of an individual on-site disposal system (septic system).
The property owner receiving the soil/fill material is responsible for obtaining the permit.
Each permit issued under the terms of this article shall be valid only for the location(s) and soil/fill material described therein and shall be valid for one year from the date of issuance, unless otherwise extended by the Township Engineer.
A. 
The Township Engineer shall not consider any application for fill or import of soil to a premises until the owner of the premises first files with the Township Clerk an application requesting such permission, together with a map of the premises showing contour lines and proposed contour grades resulting from such intended import or fill of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Engineer. No such permission for soil import or fill shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Township Engineer.
B. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
A. 
Fill shall be constructed of soil or rock or a combination of these materials. These materials shall be free from construction debris, pavement, treated and untreated wood scraps, tree parts, tree stumps, brush, plaster, wallboard, corrugated cardboard, paper, ferrous and nonferrous metals, plastic scrap, car parts and other miscellaneous materials.
B. 
Prior to the start of work, data from a legally certified testing laboratory shall be submitted to the Township Engineer that the fill does not contain concentrations of one or more contaminants that exceed the New Jersey Department of Environmental Protection Residential direct contact soil remediation standards or nonresidential direct contact soil remediation standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.
A. 
An application fee in the amount of $250 shall be furnished at the time of application.
B. 
An escrow fee in the amount of $1,500 to reimburse the Township for reasonable administrative, legal and engineering work shall be furnished at the time of application.
In reviewing a permit application under this article, the Township Engineer shall be guided by and take into consideration the public health, safety and general welfare, together with the general purposes of municipal planning. Particular consideration may include, but is not limited to, the following factors:
A. 
Soil erosion by water and sand.
B. 
Surface water drainage.
C. 
Soil fertility.
D. 
Lateral support of abutting streets and lands.
E. 
Public health and safety.
F. 
Land values and uses.
G. 
Impact on quality of groundwater and/or surface water.
H. 
Impact on local streets, utilities and services.
I. 
Existing contours and topographic character of the land prior to the placement of any soil/fill and proposed contours which will result after the placement of soil/fill in accordance with the application.
J. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the municipality.
Before any permit or permission for soil import or fill shall be granted or issued, the owner or applicant shall file, upon the request of the Engineer as set forth in the within ordinance, a bond, in the form and with surety acceptable to Colts Neck Township, in such amount as, in the opinion of the Township Engineer, shall be sufficient to assure the faithful performance of work to be undertaken pursuant to the permission granted by the Township Engineer pursuant to the provisions of this article.
A violation of this article shall be punishable as provided in §1-9 of this Code.