[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 5-14-2007 by Ord. No. 379.[1] Amendments noted where applicable.]
A.
Areas within Andover Borough are underlain by carbonate
bedrock such as limestone and dolomite. The solution of this bedrock
causes surface depressions, open drainage passages, and the development
of irregular, subsurface rock topography known as "karst." These conditions
make such areas unstable and susceptible to subsidence and surface
collapse. As a result, the alteration of drainage patterns in these
areas by the placement of impervious coverage, grade changes, or increased
loads from site improvements can lead to land subsidence and sinkholes.
B.
Fractures or solution openings and fissures in the
limestone rock may lead to public or private water supplies, making
those sources especially susceptible to groundwater contamination.
Contamination of water sources can occur from solid and liquid wastes,
contaminated surface water, septic tank effluent, or other hazardous
substances moving through fractures or solution openings and fissures
within the rock.
C.
The Borough relies on a clean supply of subsurface
water to foster and promote human health, welfare and economic and
social development. Therefore, the purposes of enacting this chapter
are to protect, preserve and enhance a sensitive and valuable potable
groundwater resource and to reduce the frequency of structural damage
to public and private improvements by sinkhole collapse or subsidence
in areas of limestone geology, thus protecting the public health,
safety and welfare and insuring orderly development within the Borough.
For the purposes of this chapter, the following
definitions shall apply:
The production, keeping or maintenance of plants or animals
for sale, lease or personal use.
The Andover Borough Planning and Zoning Board constituted
pursuant to N.J.S.A. 40:55D-1 et seq.
The arrangement of a sedimentary rock in layers of varying
thickness and character.
A general term for the rock that underlies soil or other
unconsolidated material.
The Carbonate Area District is comprised of the Carbonate
Rock District and the Carbonate Drainage Area.
Watershed areas which directly drain into the Carbonate Rock
District.
Rock consisting chiefly of calcium and magnesium carbonates.
Those land areas underlain by carbonate rock formations.
A natural opening of a size permitting human exploration
and extending into a region of sharply reduced or no light.
A shallow, dish-shaped hollow on the land surface which,
in areas of limestone geology, may be indicative of old sinkholes
or incipient collapse.
A sinkhole caused by the collapse of the roof of a bedrock
cavern.
Any improvements in the Carbonate Area District requiring,
pursuant to existing land use statutes or ordinances, subdivision
or site plan approval; this chapter shall also be applicable to any
improvements that require the disturbance of one or more acres of
land and/or the construction of 0.25 acre or more of new impervious
cover. "Disturbance" for the purpose of this rule is the placement
of impervious surface or exposure and/or movement of soil or bedrock
or the clearing, cutting, or removing of vegetation.
A stream that enters the subsurface through a sinkhole or
other entrance.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
See "sinkhole (doline)."
A carbonate rock that contains more than 15% magnesium carbonate.
The process by which water moves from an area by stream or
overland sheet flow and/or the removal of excess surface water from
soil by downward flow through the soil profile.
A surface or zone of rock fracture along which there has
been noticeable differential movement.
An extensive crack, break, or fracture in the rock.
A program which identifies the geotechnical nature of the
bedrock materials underlying the site and provides solutions directed
at preserving the water quality and assuring the safety of any planned
facility or improvement built over carbonate rocks.
A fracture in rock generally more or less vertical or transverse
to bedding, along which no appreciable movement has occurred.
A type of topography that is formed over limestone or dolomite
by dissolving or solution of the carbonate rocks, characterized by
sinkholes, closed depressions, caves, solution channels, internal
drainage, and irregular bedrock surfaces.
A carbonate sedimentary rock consisting chiefly of calcium
carbonate. Limestone is commonly used as a general term for that class
of rocks which consists of at least 80% calcium or magnesium carbonate.
In this chapter the term "limestone" shall be used generically to
refer to carbonate rocks, limestone formations and Precambrian marbles.
Any straight line or alignment of natural features seen on
an aerial photograph or any geographically referenced source. Although
some lineations may be geotechnically controlled, ground-based geotechnical
investigations are necessary to define their existence and significance.
A metamorphic rock consisting chiefly of crystalized limestone
or dolomite.
An exposure of bedrock projecting through the ground surface.
An irregular rock projection often buried beneath the ground
surface.
A zone in which shearing has occurred on a large scale so
that the rock is crushed and brecciated (broken).
A depression formed from the slow dissolution of bedrock
and the ensuing loss of overburden into or roof collapse of a cavity.
A localized land subsidence, generally a funnel-shaped or
steep-sided depression, caused by the dissolution of underlying carbonate
rocks or the subsidence of the land surface into a subterranean passage,
cavity or cave. Sinkholes are formed by the underground removal of
soil and rock material.
The material found in the surface layer of the earth's crust
which may be moved by a spade or shovel.
Tubular or planar channels formed by solution in carbonate
rock terranes, usually along joints, fractures, and bedding planes.
These openings are the main water carrier in carbonate rocks.
Carbonate rocks that have had cavities formed, fractures
widened, and passages in the rock created through the dissolution
of the rock by the passage of surface water.
A place where water naturally flows from rock or soil upon
the land or body of surface water.
The part of the precipitation that passes over the surface
of the soil.
Opening in the soil or rock materials.
This chapter shall be applicable to any development
in the Carbonate Area District requiring, pursuant to existing land
use statutes or ordinances, subdivision or site plan approval and
requiring the disturbance of one or more acres of land and/or the
construction of 0.25 acre or more of new impervious cover, including
potential future development. "Disturbance," for the purpose of this
rule, is the placement of impervious surface or exposure and/or movement
of soil or bedrock or the clearing, cutting, or removing of vegetation.
The Carbonate Area District is hereby created
and shall be an area identified as such upon the Andover Borough Carbonate
Area District Map. (NOTE: Referenced map may be found at the end of
this chapter.[1]) The district shall be constituted as secondary, or as
an "overlay," to the zoning districts heretofore established by the
Carbonate Area District Map and may encompass all or portions of more
than one existing zoning district. Regulation of the CAD shall be
in addition to those requirements governing the existing zoning district.
The Carbonate Area District shall contain two areas, which shall be
known as the "Carbonate Rock District" and the "Carbonate Drainage
Area."
A.
Carbonate Rock District (CRD). The Carbonate Rock
District is composed of those areas of Andover Borough underlain by
limestone or carbonate rocks. The geotechnical mapping utilized to
prepare the CRD overlay boundary is derived from New Jersey Geological
Survey and United States Geological Survey maps. These maps are interpretations
developed from available field observations and subsurface data; additional
unmapped areas of limestone rocks may exist in Andover Borough. Therefore,
the provisions of this chapter may be applied to any development which,
in the opinion of the Borough, is located in an area underlain by
limestone. The CRD map shall be updated as information is developed
through the application of this chapter and continuing NJGS work.
B.
Carbonate Drainage Area (CDA). The Carbonate Drainage
Area shall consist of all lands which drain surface water into the
Carbonate Rock District. Changes in the quantity, quality and rate
of discharge of surface water runoff from lands upslope of the Carbonate
Rock District can adversely affect the CRD. Therefore, development
activities in the CDA which may alter the surface drainage patterns
or affect the water quality or increase runoff into the CRD shall
be subject to the requirements of this chapter.
[1]
Editor's Note: Said map is on file in the
Borough offices.
A.
General requirements.
(1)
All applicants filing for site plan or subdivision approval for a site located within the Carbonate Area District requiring the disturbance of one acre or more of land and/or the construction of 0.25 acre or more of new impervious cover, including potential future development, shall undertake a geotechnical investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I requirements as recommended by the Planning and Zoning Board. Projects located in the Carbonate Rock District shall first complete the Phase I requirements. Submission of the Phase II requirements shall be based on the recommendation of the Borough geotechnical consultant (GTC) to the Planning and Zoning Board as set forth in § 48-7.
(2)
The geotechnical investigation program shall be prepared
by a professional engineer or geologist with experience in karst terranes.
The Borough's geotechnical consultant (GTC) shall be similarly qualified
to review all projects submitted.
(3)
The geotechnical investigation program shall identify
the geotechnical nature of the materials underlying the site.
(4)
The geotechnical investigation report shall evaluate
site information gathered during the geotechnical investigation and
provide recommendations for the planning, engineering design and construction
techniques to be utilized. All design recommendations shall minimize,
to the greatest extent practical, impacts upon water quality and structural
hazards associated with limestone formations.
(5)
Because the results of the geotechnical investigation
are essential to the planning, engineering design and construction
techniques to be utilized for the development, the geotechnical investigation
program shall be completed and the geotechnical investigation report
filed with the formal application for preliminary subdivision or site
plan approval.
(6)
Prior to the submission of an application for preliminary
subdivision or site plan approval involving a geotechnical investigation,
the applicant may, and is encouraged to, consult or meet informally
with the Borough GTC or the Planning and Zoning Board as deemed necessary
to receive guidance on its investigation.
B.
Geotechnical investigation program process. For all
properties located in the CRD, a comprehensive geotechnical investigation
program shall be conducted by the applicant. The purpose of this program
is to provide the approval authority with sufficient data to define
the nature of all existing geotechnical conditions that may affect
construction and land use activities on the site. Specifically, the
investigations shall yield information which shall demonstrate that
the proposed development will identify any existing geotechnical conditions
for which appropriate site design and/or engineering solutions may
be necessary to minimize any adverse environmental impacts caused
by the project. The geotechnical investigation program shall consist
of the following:
(1)
Phase I: compilation and evaluation of existing data. The applicant shall prepare a Phase I submission in accordance with the requirements in § 48-6. The Phase I submission is a compilation and evaluation of existing data from various sources for the purpose of making general determinations of the types and depth of rock on the site, the extent of fracturing and faulting and an assessment of the potential development hazard which the conditions may pose. The Phase I submission will be evaluated by the GTC for the purposes of ensuring that the applicant has sufficient and current information available for preparation of a plan for detailed investigation of the proposed development site. Upon receipt of the Phase I submission, the GTC will review the submission and within 45 days from its receipt recommend to the Planning and Zoning Board whether the submission is satisfactory and whether he recommends all or any portions of the Phase II requirements be waived. The Planning and Zoning Board shall act on the recommendations of the GTC and notify the applicant within 45 days from the receipt of his report.
(2)
Phase II.
(a)
Proposed investigation methodology. The applicant shall prepare a Phase II submission in accordance with the requirements in § 48-7. The proposed investigation methodology submission is a detailed outline of how the proposed on-site investigation will be conducted and shall include references to site-specific investigation techniques, number of tests, equipment to be used, and investigation objectives. Upon receipt of the Phase II submission, the GTC will review the submission and within 45 days from its receipt recommend to the Planning and Zoning Board whether the submission is satisfactory. The Planning and Zoning Board shall act on the recommendations of the GTC and notify the applicant within 45 days from the receipt of his report.
(b)
On-site geotechnical investigation. The applicant shall perform an on-site geotechnical investigation in accordance with the approved investigation methodology and in accordance with the requirements in § 48-7 and § 48-8 with observation by the municipal GTC. No on-site testing shall be conducted by the applicant until the proposed investigation methodology has been approved by the Planning and Zoning Board.
(c)
Geotechnical investigation report. The applicant shall submit a geotechnical investigation report in accordance with the requirements in § 48-9. The report shall summarize the on-site testing and geotechnical findings, shall include recommendations to minimize the potential for environmental and structural impacts resulting from development and shall address remediation techniques for the handling of sinkholes or solution cavities discovered during construction.
(d)
Planning and Zoning Board review and approval. The
municipal GTC shall review the geotechnical investigation report and
make final recommendations to the Planning and Zoning Board within
45 days from the receipt of the geotechnical investigation report.
Acceptance of the geotechnical report, its findings and recommendations
shall be at the sole discretion of the Planning and Zoning Board.
The Planning and Zoning Board shall review the municipal GTC recommendations
and determine whether to accept the recommendations and subsequently
notify the applicant of its findings within 45 days from the receipt
of his report.
A.
Preparation of a report providing a generalized professional
opinion of the nature of the subsurface at the site.
B.
United States Geological Survey seven-and-one-half-minute
topographic quadrangle maps with parcel identified.
C.
USDA Soil Conservation Service soil survey map indicating
soils present on parcel.
D.
Information from any special reports completed by
the New Jersey Geological Survey, U.S. Geological Survey, or New Jersey
Department of Environmental Protection.
E.
Site plan map at a scale of one inch equals 1,000
feet identifying the proposed development site and boundaries of the
site that are within the CRD and/or CDA as designated on the Borough
CAD Map.
F.
Aerial photograph print for the proposed site and
surrounding area (taken at a minimum scale of one inch equals 1,000
feet obtained during periods of little or no foliage cover).
G.
Location of all known water production wells and well
log information within 1/2 mile of the project.
H.
A project sketch plat at a minimum scale of one inch
equals 200 feet with existing surface water bodies, location of any
existing water production wells, faults, outcrops, springs, sinkholes,
disappearing streams, and surface water flows.
I.
Written narrative describing proposed activity.
J.
If the proposed project includes the storage or manufacturing
of toxic or hazardous materials, provide an explanation of the type
of activity.
K.
Other published geotechnical information which the
applicant deems pertinent, such as information from other geotechnical
investigation programs, which are on file with the Municipal Clerk.
A.
General requirements.
(1)
Test borings and test pits are to be used as the primary
means of identifying potential geotechnical hazards. Percussion probes
or geophysical techniques (e.g., seismic refraction and reflection,
ground-penetrating radar, magnetic gravity and conductivity) can be
used to provide data between test borings and pits.
(2)
Proposed exploration techniques which are not outlined
in this chapter may be submitted to the GTC for review and possible
inclusion in the approved investigation program. Alterations to the
planned program can be made during the progress of the field investigation
upon request to the GTC if so required by the nature of the encountered
subsurface conditions.
(3)
The intention of the site investigation program is
to define the nature and limits of possible design, construction and
operating concerns that could result from the existence of carbonate
soil and/or rock formations underlying the proposed development site.
(4)
Name and address of the New Jersey licensed professional
engineer, New Jersey licensed well driller and geotechnical consultant
to be used.
B.
Direct testing procedures.
(1)
Provide the number of proposed test borings. The minimum
number of borings required is shown in the following table; however,
the Borough GTC may require additional tests as site conditions warrant:
|
Type of Development
|
Foundations
|
Infrastructure
|
Stormwater Management
|
|---|---|---|---|
|
Residential (1 to 20) dwellings
|
1 boring per dwelling
|
1 boring per 500 feet of roadway and 500 feet
of utility not within roadways
|
2 borings plus 2 test pits per basin
|
|
Residential (21 to 50) dwellings
|
a. 20 borings plus 1/2 per dwelling over 20
b. 15 test pits
|
1 boring/ 500 feet of roadway and 500 feet of
utility not within roadways
|
2 borings plus 2 test pits per basin
|
|
Residential (Greater than 50) dwellings
|
a. 35 borings plus 1/2 per dwelling over 50
b. 15 test pits plus 1/2 per dwelling over 50
|
1 boring/ 500 feet of roadway and 500 feet of
utility not within roadways
|
2 borings plus 2 test pits per basin
|
|
Non- residential
|
1 boring and 1 test pit/2,500 square feet of
building
|
1 boring/ 20,000 square feet of imper- vious
cover - 1 test per 10,000 square feet of imper- vious cover - 1 boring/
500 feet of utility line
|
2 borings plus 2 test pits per basin
|
|
NOTES:
| |
|
1.
|
Borings and test pits are to be located upon
the basis of defining the variations in and across the site and are
not necessarily to be located within the planned structure locations
other than stormwater basins.
|
|
2.
|
Additional investigation may be required based
upon actual field conditions encountered.
|
(2)
Provide the anticipated depth of borings. If rock
is encountered within 40 feet of ground surface, a minimum of 10 feet
of rock is to be cored. Rock cores shall be a minimum of two inches
in diameter to be obtained by a double tube, split barrel coring device
or equivalent.
(3)
Describe boring techniques to be used. Unless written
approval is obtained, all test borings will be drilled using rotary
wash without use of drilling muds. Water losses in borings are to
be monitored as to depth and quantities. Air loss, drilling speed
and rod drops must also be monitored for borings and percussion probes.
(4)
Describe proposed borehole grouting techniques. Grouting
shall be in accordance with N.J.A.C. 7:9-9.1 et seq. for cement, water,
and bentonite backfill.
(5)
Provide a description of proposed monitoring wells.
(6)
Describe anticipated soil and rock sampling procedures.
Sampling shall be in accordance with ASTM D420, D1586, D1587 and D2113.
(7)
Borings and test pits shall be logged in accordance
with the Unified Soil Classification System and in relation to the
geotechnical origin of the constituents of the encountered materials,
i.e., light yellow brown silty clay (CL), with occasional angular
dolomite fragments, moderately stiff, residual soils, some stained
paleo jointing.
(8)
Provide the number and depth of proposed test pits.
The minimum bottom area of pits shall be 10 square feet.
(9)
Describe the proposed method of test pit backfill.
Test pit backfill shall be composed of excavated material placed in
layers and compacted to preexcavation density, unless otherwise authorized
by the GTC.
(10)
Provide the proposed number and types of piezometers
and/or lysimeters to be used. They shall be installed and monitored
in sufficient locations to identify depth to seasonal high water table
and the rate and direction of groundwater flow.
(11)
Provide descriptions of any other proposed methods
for measuring groundwater levels and rate and direction of flow.
(12)
Provide description of methods for the geotechnical
testing of the properties of soils, rock and water.
C.
Indirect testing procedures.
(1)
Provide the proposed number, anticipated depths, and
measuring techniques of proposed percussion probes.
(2)
Describe the proposed number of seismic refraction
and reflection tests and equipment to be used.
(3)
Describe the proposed number of ground-penetrating
radar tests and equipment to be used.
(4)
Describe the proposed number of magnetic, gravity
or conductivity tests and equipment to be used.
(5)
Describe geotechnical reconnaissance factors to be
examined, i.e., vegetative changes, observable seeps or groundwater
discharge, circular depressions, swales.
(6)
Describe any other geotechnical reconnaissance field
investigation techniques proposed.
D.
Maps, drawings and other documentation.
(1)
Provide the location of the site on 1:24,000 scale
USGS topo map and general site plan showing proposed locations of
all field testing procedures in relation to the planned development
at a minimum scale of one inch equals 100 feet.
(2)
Provide timetable of proposed field investigation,
laboratory testing, test data receipt and final report to the Planning
and Zoning Board.
(3)
Describe proposed technical inspection of procedures
during investigation. Continuous technical supervision of field investigation
is required.
(4)
Describe any special factors or conditions the applicant
wishes to bring to the attention of the GTC.
A.
Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has submitted the appropriate fees as required in § 48-13 and has provided proper notice to the Borough. The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the Municipal Clerk and borough GTC, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with the requirements of this chapter.
B.
The proposed development site shall be subject to
inspection by the GTC, Borough Engineer, or designated Borough inspectors
at any time. All testing data and results shall be made available
to Borough officials and inspectors on demand.
C.
All samples taken shall be properly preserved and
shall be available for examination by the Borough upon request until
final action is taken by the Planning and Zoning Board on the application.
A.
At the completion of the field investigation, a formal
site investigation report shall be submitted and include any of the
following required information gathered during the testing protocol:
(1)
Logs of all borings, test pits, and probes, including
evidence of cavities, loss of drilling fluid circulation during drilling,
voids encountered and similar cavities.
(2)
Type of drilling or excavation technique employed.
(3)
Drawings of monitoring or observation wells as installed
with results of monitoring.
(4)
Time and dates of explorations and tests.
(5)
Reports of chemical analyses of on-site surface water
and groundwater and the potential reaction with the underlying rock
with an assessment of the likelihood of formation of solution cavities.
(6)
Names of individuals conducting tests if other than
the New Jersey licensed professional engineer, New Jersey licensed
well driller, or geotechnical consultant provided in the Phase II
requirements.
(7)
Any alternate investigative techniques, such as geophysical
studies, should be included in the geotechnical investigation report.
(8)
Analytical methods used on soils, water samples, and
rock samples.
(9)
A one-inch-equals-one-hundred-feet-scale topographic
map of the site (at a contour interval of two feet) locating all test
pits, borings, wells, seismic or electromagnetic conductivity or other
geophysical surveys in relation to the proposed development.
(10)
Analysis of the groundwater including any potentiometric
maps constructed from site data or aquifer tests with rate and direction
of flow.
(11)
A geotechnical interpretation of the observed subsurface
conditions, including soil and rock type, jointing (size and spacing),
faulting, voids, fracturing, grain size, and the likelihood of sinkhole
formation, especially in projects where water from storm sewers, roof
drains, septic systems, etc., is being discharged in the ground.
B.
The report shall also define the extent of geotechnical
findings at the site in relation to the planned development or land
use. The engineering solutions proposed to minimize environmental
and structural impacts for the useful life of the project, as well
as during construction, must be clearly detailed, together with the
conclusions reached. The report shall, at a minimum, address the following:
(1)
The probable effects of the proposed development upon
Borough water resources and the likelihood of future sinkhole formation.
(2)
The appropriateness of the site for the proposed development
and the appropriateness of the location and design of proposed roadways,
buildings, and facilities for stormwater management, water supply
and sewage disposal.
(3)
The adequacy of support for buildings, roadways, and
utility lines. Foundations should be reinforced to span a minimum
of 10 feet of soft soils or voids.
(4)
Stormwater and sanitary sewer lines shall be designed
and constructed with watertight joints which have been tested to ensure
their integrity.
(5)
Pipe materials, joints, construction methods and materials,
and infiltration or exfiltration testing shall be subject to the approval
of the Borough Engineer.
(6)
Site grading and blasting shall be minimized.
(7)
General methodology for management of sinkholes or
solution cavities, depressions, or other questionable areas which
have been discovered during the investigation or which could be discovered
during construction.
(8)
Provisions for inspection and monitoring during construction
and any long-term inspection or monitoring which may be recommended.
It is strongly recommended that the developer employ the services
of an expert in construction in karst terrane to be on site during
all construction activities requiring excavation.
The GTC's review of the geotechnical investigation
report for proposed development in the CRD shall consider the data,
formal reports, maps, drawings and related submission materials and
shall advise the Planning and Zoning Board whether or not the applicant
has provided the Borough with:
A.
Sufficient design, construction and operational information
to insure that the proposed development of the tract will not adversely
impact on the health, safety and welfare of the community.
B.
Proof that the proposed method of development of the
tract will minimize any adverse effects on the quality of surface
or subsurface water and will not alter the character of surface and/or
subsurface water flow in a manner detrimental to known on-site or
off-site conditions.
C.
Specific details insuring that design concepts and
construction and operational procedures intended to protect surface
and subsurface waters will be properly implemented.
D.
Specific details on inspection procedures to be followed
during construction and after project completion.
E.
The following note shall be provided on the final
subdivision plat or final site plan for any project located within
the CRD: "This site is underlain by limestone formations which are
susceptible to sinkholes and subsidence. The occurrence of sinkholes
and/or subsidence is not predictable and therefore Andover Borough,
its employees, the Borough Engineer, and the Borough Geotechnical
Consultant assume no liability for any damages which may occur on
private property as a result of the formation of sinkholes or subsidence."
In certain situations, a specific geotechnical
hazard may not be identified while the geotechnical investigation
program is under way and may be discovered during or after construction.
In such cases the applicant shall:
A.
Report the occurrence of the hazard to the Municipal
Clerk within 24 hours of discovery.
B.
Halt construction activities which would impact the
geotechnical hazard.
C.
Prepare a report on the geotechnical hazard which
analyzes the impact of the hazard and details a remediation plan for
review and approval by the Borough geotechnical consultant.
D.
After obtaining approval from the Borough, perform
necessary remediation of the hazard to prevent or minimize damage
to buildings, structures, utilities, driveways, parking areas, roadways,
and other site improvements and to minimize pollution of the groundwater.
E.
Repair any damage to improvements and restore ground
cover and landscaping.
F.
In those cases where the hazard cannot be repaired
without adversely affecting the site plan or subdivision, the applicant
shall file an amended application for a site plan or subdivision approval
in compliance with the provisions of this chapter.
A.
Compliance with this chapter is required prior to the granting of subdivision or site plan approval or the Borough endorsement of state permits and treatment works approvals, unless waivers have been granted pursuant to § 48-13D.
B.
Failure to comply with any of the conditions in this
chapter may result in the issuance of a stop-work order, revocation
of building permits, or denial of certificates of occupancy. Remedial
and corrective measures may be mandated if the appropriate construction
and site planning techniques, as outlined in the applicant's approved
geotechnical report, are not followed and result in actions which
adversely impact karst features.
A.
Application fee. For any project in the CAD requiring
a submission, there shall be an application fee of $500.
B.
Review fee. Funds shall be placed in escrow for review
of the application as follows:
C.
Inspection fee.
(1)
It is recognized that the Municipal Land Use Law,
particularly N.J.S.A. 40:55D-53h, provides a limitation on engineering
inspection fees which shall, in all cases, be reasonable and shall,
except for extraordinary circumstances, be limited to the greater
of $500 or 5% of the cost of improvements, which cost of improvements
shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(2)
It is also recognized that when the testing methodology
provided for herein has been employed and determines the existence
of critical geotechnical formations underlying the site of the proposed
development, extraordinary and exceptional construction methods may
be required to be employed by the developer during site improvements,
which work is required to be witnessed by the Borough Engineer or
his representative.
(3)
The construction of improvements in developments underlain
by critical geotechnical formations is herewith deemed to constitute
an extraordinary circumstance, thereby rendering inapplicable the
engineering inspection fee limitations otherwise provided by N.J.S.A.
40:55D-53h and enabling the charging of inspection fees in excess
thereof which, in all cases, shall be reasonable and shall otherwise
comply with the requirements of N.J.S.A. 40:55D-53.
E.
Disclaimer of liability.
(1)
In carbonate rock areas, the alteration and development
of land may be hazardous with respect to the foundation safety of
structures, the creation of unstable land as a result of changes in
drainage and grading, and the contamination of ground and surface
waters.
(2)
The exact occurrence of sinkholes and/or subsidence
is not always predictable; therefore, the administration of these
regulations shall create no liability on behalf of Andover Borough,
the Borough Engineer, the Borough geotechnical consultant, Borough
employees, or municipal agencies as to damages which may be associated
with the formation of sinkholes or subsidence. Compliance with these
regulations represents no warranty, finding, guarantee, or assurance
that a sinkhole and/or subsidence will not occur on an approved property.
The municipality, its agencies, consultants, and employees assume
no liability for any financial or other damages which may result from
sinkhole activity.
(3)
It is also noted that sinkholes and ground subsidence
may occur in areas outside the CRD and/or in areas of carbonate geology
presently not identified as such. The applicant and/or property owner
should always make independent investigations of these matters prior
to using this land for construction of a building or structure or
any activity which alters the soil and bedrock materials.
