[HISTORY: Adopted by the Township Committee
of the Township of Freehold by Ord.
No. O-85-14 (Ch. XVIIA of the Revised General Ordinances),
as amended through Ord. No. O-99-32. Subsequent amendments noted where
applicable.]
The Township Committee finds that the uncontrolled
and unregulated excavation, filling and removal of soil has resulted
and will result in conditions detrimental to the public safety, health
and general welfare, deterring substantially the efforts of the Township
to promote and effectuate the general purpose of Township planning.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision, development
or construction of three or more dwelling houses intended as single-family
residences, in any subdivision, business or industrial buildings for
the purpose of sale to or occupancy by another person or persons.
Any person, firm or corporation, partnership or association
engaged in the moving, removal, importing or excavation of soil or
topsoil from, to, in or upon any land in the Township.[1]
To dig or excavate; to remove; to deposit; to place and to
fill; to grade, regrade, level or otherwise alter or change the location
of any existing contour; to transport and to supply; or to scrape
or otherwise disturb; however, the act of moving soil or topsoil from
one portion of a premises to another portion of the same premises
shall not be included hereunder.
Any person seized in fee simple of any land, or having such
other interest or estate therein, as will permit the exercise of effective
possession hereof or dominion or control thereover.
Any individual, firm, association, partnership or corporation
or any combination of two or more of them.
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,
irrespective of the presence or absence therein of organic matter.
Soil, which in its natural state constitutes the top layer
of earth and is composed of 2% or more by weight of organic matter
and has the ability to support vegetation and growth.
A.
Applicability. No owner, developer, excavator or other
person shall move or cause, allow, permit or suffer to be moved the
soil on or to any premises in the Township for use other than on the
premises from which it shall be taken or brought to, unless and until
a soil removal/soil fill permit has been issued in accordance with
the provisions of this chapter.
B.
Determination.
(1)
Determination of an application submitted under § 286-4A hereof in conjunction with a land use application shall be by either of the following boards as the circumstances may require:
(a)
Where it is claimed that the removal or importing of soil is in conjunction with a use permitted under the existing zoning regulations of the Township, following public notice as provided under Chapter 190, Land Use, of this Code, a public hearing shall be held before the Planning Board of the Township for the purpose of determining that the removal or importing of the soil applied for is necessary and essential to the development of the premises from which the soil is to be removed or imported and is in conjunction with a use permitted under the zoning regulations of the Township.
(b)
Where it is claimed that the right to remove or import the soil from the premises is by reason of a valid nonconforming prior use of the property in conjunction with the removal or importing of the soil, following public notice as provided under Chapter 190, Land Use, of this Code, there shall be a public hearing before the Planning Board of the Township for the purpose of determining the existence of the valid nonconforming prior use in conjunction with the removal or importing of soil from the premises.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2)
The Planning Board shall not act until a written report has been
received from the Township Engineer, which report shall be rendered
within 30 days of the filing of the application for the soil removal/soil
fill permit.
[Amended 12-22-2015 by Ord. No. O-15-26]
C.
Where the removal or importing of soil is proposed in conjunction with a development application for which public notice and a public hearing are required under the terms of Chapter 190, Land Use, then no separate notice shall be required for the proposed soil removal or soil fill which shall be considered as an element of the primary development application. Further, in those instances where the applicant is unable to precisely calculate the amount of soil to be removed or imported, the Planning Board may accept an approximation of the amount of the soil at the time of the public hearing and defer issuance of the permit until precise calculations are submitted and the report of the Freehold Township Engineer is received, which deferred action may be taken without the necessity of any further public notice or public hearing.
D.
In all other circumstances the Township Committee
shall make the determination as to the application submitted.
[Amended 12-27-2005 by Ord. No. O-05-48]
The procedure for filing an application for
the issuance of a soil removal/soil fill permit shall be as follows:
A.
Form of application.
(1)
On a form to be supplied by the Township Clerk, the
applicant shall, under oath, set forth in triplicate the following:
(a)
The identity and address of the applicant. If
the applicant is a firm, corporation, partnership or association,
the name and address of its registered agent shall be disclosed.
(b)
A description of the land in question, lot,
block and tax map page number.
(c)
The identity and address of the owner of the
land.
(d)
An estimate of the quantity of soil to be removed
or imported in cubic yards.
(e)
In the case of removal or importing of soil,
the amount to be removed from or imported to the Township of Freehold
shall be estimated and stated on the application.
(f)
The proposed date of commencement and completion of the work, said completion date in no event to exceed one year from the date of approval of the application except as provided in § 286-7.
(g)
An estimate of the type and number of machines
and other equipment to be used in the operation, the daily starting
and finishing time during which such machines are to be operated,
and what protection will be provided to keep children, and other unwary
persons, from gaining access thereto.
(h)
The location or locations to which it is proposed
that the soil will be removed upon the issuance of a soil removal
permit.
(i)
The hauling route for the soil removal.
(j)
The name, truck size and daily trips of the
contractor removing the soil.
(2)
Where the applicant is not the owner of the land,
there shall accompany the application a letter from the owner authorizing
the application and further authorizing the applicant to remove the
soil if the permit is granted.
B.
Topographical map. Accompanying the application there
shall be filed a topographical with cross-sections map in triplicate
of the land upon which the proposed soil moving operations are to
be conducted and all surrounding lands within 200 feet of the perimeter
of land which is the subject matter of the application, prepared and
certified by a licensed professional civil engineer or land surveyor
of the State of New Jersey on the scale of not less than one inch
to 100 feet and based upon the United States Coast and Geodetic Survey
Datum showing both as to the land and as to all of the surrounding
land.
(1)
The dimensions of the land and the lot and block number
of the land and of each lot surrounding the land within 200 feet thereof
as shown on the current assessment map of the Township.
(2)
The present grade on a fifty-foot grid layout with
contour lines at two-foot levels up to and including 20 acres; for
more than 20 acres, one-hundred-foot grids with contour lines at five-foot
levels. Where access to adjoining lands is not permitted, the contour
lines of the perimeter lands shall be taken from the available State
of New Jersey or United States Coast and Geodetic Survey Map of the
particular area.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water and watercourses, natural or artificial.
(4)
All existing surface or subsurface water drainage
conditions and provisions thereof.
(5)
All wooded areas.
(6)
The proposed finished grades at points in Subsection B(2) when the work has been completed with the same requirements as contained therein.
(7)
The quantity in cubic yards of the soil involved in
the work.
(8)
The average depth of topsoil as determined by taking
borings in approximate center of each fifty- or one-hundred-foot grid.
Soil borings shall be provided at the rate of one boring for each
five acres of area disturbed, except that where soil removal would
be within five feet above the groundwater table, additional borings
may be required by the Township Engineer.
(9)
The grades of all abutting streets and lands.
(10)
Proposed slopes and lateral supports at the limits
of the area upon completion of the proposed work.
(11)
The proposed details of entry and egress for surface
water drainage and of any streams, bodies of water, and watercourses,
natural or artificial.
C.
Other data. In addition to the above requirements,
the applicant shall furnish such other pertinent data as the Township
Engineer may require after he has had an opportunity to examine the
proposed project, including the extent, in cubic yards, of topsoil
to be removed and whether such topsoil is to be replaced on the site
in question or moved to some other place and, if so, whether inside
or outside of the Township.
D.
Soil Conservation District approval. Accompanying
the application shall be a written approval from the Freehold Soil
Conservation District of plans for the removal from the premises of
the soil and approval of the disposal site for the soil, as may be
required under regulations of the Soil Conservation District.
The nonrefundable fees set forth in Chapter 150, Fees, shall be paid to the Township upon the filing of an application.
[Amended 12-22-2015 by Ord. No. O-15-26]
A.
Prior to consideration of the application by the Township
Committee or the Planning Board, there shall also be a determination
by the Township Clerk that the application is in order and that all
reports have been submitted by the Township Engineer.
B.
In considering whether to approve an application and
grant a soil removal permit, the Township Committee or the Planning
Board shall consider 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 lands
in the Township.
C.
In considering whether to approve an application and
grant a soil removal permit, whereby soil will be removed to a location
or locations outside of the Township, the Township Committee and the
Planning Board shall consider the following additional factors:
(1)
The composition of the soil in order to encourage,
to the degree possible, the maximum use of retention of topsoil within
the Township.
(2)
The need for the soil in a location in the Township
readily accessible for deposit.
(3)
The relative cost of removing the soil to a location
within the Township, as opposed to a location outside of the Township.
(4)
Any time constraints which would unreasonably restrict
the development of the land from which the soil is being removed to
a location inside or outside the Township.
D.
Upon examination of the entire record by the Township
Committee and the Planning Board, including any supplemental reports
by the Township Engineer, if the Township Committee or the Planning
Board determines 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 or sewage problems or other conditions inimical to the
land use in the Township, it shall authorize the issuance of a soil
removal permit by the Township Clerk. The Township Committee or the
Planning Board shall make its final decision and determination not
later than its second regular meeting following the hearing concerning
the application for the soil removal permit. If no action has been
taken within that time period, the application shall be deemed denied.
The following regulations shall govern the operations
under the issued soil removal permit:
A.
In the removal of soil, when the permit has been duly
granted, the owner or person in charge shall so conduct the operations
that there shall be no sharp declivities, pits or depressions, that
there shall be no interruption with natural drainage, and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Township Engineer. The Township Engineer or his authorized
representative shall make periodic inspections to determine that there
is no deviation from the information and requirements of the application
as approved.
B.
The applicant shall be required to section the entire
property which is the subject of his permit into areas which shall
be inside of a fence and he shall so schedule the work of soil removal
so that the operation conducted in one section shall be complete and
that section shall be at final grade before work shall commence in
any other section of the premises.
C.
In the event the application for a soil removal permit
involves the complete removal of a bank which extends above the elevation
of a public road or street adjacent to the land upon which the removal
project is to take place, the moving or removal shall be conducted
so 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 road or street.
The final grade shall not be lower than the grade of the surrounding
lands or of the public road or street, and the final grade shall be
established and maintained at a minimum of 1/2 of 1% to ensure proper
drainage. In establishing final grades, the factors to be considered
shall be the same as those listed but, in any event, shall not be
less than 1% (0.5% or six inches in 100 feet).
D.
Where earth is moved in order to lower a grade or
to alter an existing slope, the upper crown or brink shall not be
closer to any property line than 15 feet and this distance shall be
increased at the rate of one foot for each one foot of vertical height
of the slope up to a maximum required distance of 25 feet from any
property line.
E.
All trees, stumps, brush and other removed vegetation
shall be removed and shall not be burned on the premises.
F.
The area so excavated shall be graded and covered
with four inches of topsoil and seeded with perennial grass during
the planting season. If sufficient topsoil for four-inch cover was
not available from the premises then a cover crop as prescribed by
the Township Engineer shall be spread on the premises. Thereafter,
the snow fence may be removed. All banks shall be stabilized in a
manner satisfactory to the Township Engineer.
G.
Every person who shall transport over the streets,
roads or highways in the Township any soil removed from any land or
premises pursuant to a soil removal permit issued in accordance with
this chapter shall sweep, pick up and remove or cause to be swept,
picked up and removed all dust, dirt and mud from the roadways, streets
or highways and shall apply, or cause to be applied, to the roadways,
streets or highways a dust preventive wherever the same shall be determined
necessary, whenever such fact shall be communicated to the holder
of the permit by the Township Engineer or a member of the Police Department.
In the event of failure, neglect or refusal of any person to sweep,
pick up, and remove dust, dirt and mud, or to apply a dust preventive
when required by this section, the Township Engineer is authorized
to suspend any soil removal permit issued for a period of not less
than three days or report said fact to the Township Committee, in
writing, for the purpose of its determination as to whether or not
the soil removal permit shall be revoked as hereinafter provided.
Upon 10 days' notice and an opportunity to be
heard before the Township Committee, the permit of any person may
be revoked or suspended for such time period as the Township Committee
may determine for any violation of the terms hereof, or the terms
and conditions of any permit granted hereunder. The Township reserves
the right, in the protection of the public health, safety and welfare,
to withdraw approval of the application and the issuance of any permit,
at which time all operations under the application and permit are
to cease immediately.
A.
Before the soil removal permit is issued by the Township
Clerk, the permittee shall file with the Township Clerk a performance
guarantee to assure pavement stability, maintenance, cleaning, traffic
direction when required and utility protection in conjunction with
the removal activity at the premises or land. The guarantee shall
be posted for the duration of the haul cycle for removal of the soil
from the premises and land and until released by the Township. The
guarantee required shall be in the following amounts:
(1)
Up to 1,000 cubic yards: $15,000 per mile of the haul
route which is along Township roads. The amount for a fractional mile
shall be apportioned.
(2)
More than 1,000 cubic yards: $50,000 per mile of the
haul route which is along Township roads for each 25,000 cubic yards
or fraction thereof. The guarantee amount for fractional miles shall
be apportioned.
B.
The calculation of the performance guarantee shall
be made by or under the supervision of the Township Engineer.
C.
The performance guarantee posted shall be at least
10% by cash or certified check made payable to the Township of Freehold.
The balance of the performance guarantee may be a performance bond
issued by a surety company, approved by the Township Attorney as to
form, or such other security as may be approved by the Township Committee.
D.
The condition of the performance guarantee shall be
that the permittee has properly completed its soil removal work and
that pavement stability, maintenance, cleaning, traffic direction
where required and utility protection have been maintained or restored
at the site and along the haul route. In the event any of the foregoing
conditions have not been met, the permittee and the surety shall be
liable to the Township for the reasonable cost of completion or restoration
or reimbursement of traffic direction costs.
E.
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 Committee regarding action as to the performance
guarantee. Any reduction or release of the performance guarantee shall
be authorized by resolution of the Township Committee.
The following soil removal activities are specifically
exempt from the provisions of this chapter:
A.
The removal of soil in connection with the construction
or alteration of a swimming pool or septic system for a single-family
residence.
B.
The construction, alteration or addition to or of
one or two dwelling houses intended for single-family residential
purposes in a subdivision.
C.
Any soil removal involving soil disturbance of 100
cubic yards or less on a particular and specific lot.
A.
Any person who violates any provision of this chapter, any standard promulgated pursuant to this chapter or any other applicable law or who fails to comply with a soil removal permit shall be punishable as provided in Chapter 1, Article II, General Penalty. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate and distinct offense under this section.
B.
In the event that construction is involved in the
alleged violation, the Construction Code Official shall issue a stop-construction
order until there has been compliance with the provisions and requirements
of this chapter.
