[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.
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:
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:
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.
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.