[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 12-28-2004 by Ord. No. 2004-12. Amendments noted where applicable.]
The terms used in connection with this chapter shall have the same meaning as those set forth in § 60-4 of this Code.
The purposes of this chapter is to regulate the movement of soils to or from premises involving 700 or more cubic yards of soil so as to:
Prevent damage to roads, properties and other public facilities caused by such transport of soils;
Require that specific standards are followed whereby such disturbance, placement or removal may be allowed so its effects on the premises wherein it occurs as well other areas or premises in the Township that are affected by such activity will not cause adverse impacts to natural or man-made environment;
Avoid and minimize nuisances created by such transport of soils;
Enforce and comply with all regulations, procedures and standards applicable to such transport of soils in accordance with good planning design and protection of the natural environment of the premises involved in such soils transport; and
Protect the public health, safety and general welfare of the Township and the source or destination site of the transported soils.
No person shall move soils in an amount of 700 or more cubic yards from or to any premises within the Township of Pittsgrove without first having obtained a permit to do so from the Township Committee in accordance with the provisions of this chapter. No excavation of soil involving 700 or more cubic yards for removal or the otherwise removal of such a quantity of soil for use other than on the premises from which the soil shall be taken without first having obtained a permit for said transport from the Township Committee as specified herein this chapter. Nor shall any person cause, allow, permit or otherwise contract for the transport to and placement or disposition of soil or exchange of soils cumulatively equaling 700 or more cubic yards onto a premises within the Township from another premises inside or outside the Township without first having obtained a permit for same from the Township Committee as required herein.
The provisions of this section shall not be construed nor is it intended to require a permit for any excavation or removal of soil for the preparation of a lawn, sidewalk or driveway or for excavation for on-site septic systems or for shallow drainage ditches or filter beds or like sanitary improvements, provided that the soils transport required in connection with such activity or the amount of soil movement involved does not exceed 700 or more cubic yards; nor are the provisions of the section to be construed or intended to require a permit for any state, county or Township work or excavation to be done or performed in the Township; nor shall it apply to any soil removal operations conducted by the Township or any person or persons under contract with the Township for excavation or removal of soil. In determining the amount of soils being transported, the Township shall consider all soils to be transported from or to said premises during the entire course of development activity irrespective of the when, the reason for said transport, or the location within said premises where soils are being transported to or from.
All existing or proposed developments proposing the transport to or from premises in the Township of soil involving 700 or more cubic yards shall submit an application for a permit for such soils movement prior to any work being undertaken, started or initiated to excavate, store, purchase, sell, donate, or trade or any way disturb soil on the premises intended for transport to or from the premises wherein an existing or proposed development is located until said plans have been approved and a permit issued subject to any conditions thereto. Said application shall include all of the following information, which is to be submitted to the Township Clerk:
Ten copies of a map or plan of the premises involved in the application which shows the existing or proposed location of the soils to be either transported from or to the site.
A copy of the plan and resolution of the Pittsgrove Township Land Use Board approving the proposed transport of soil from or to the premises involved under the provisions of the Township Development Regulations Ordinance (§ 60-53.1).
Ten copies of a transportation plan with map and detailed narrative of the method for transporting said soils to or from the premises involved. Said transportation plan shall detail the persons and routes to be utilized within the Township for transporting soils within the Township and the procedures to be implemented by the applicant and their designees, contractors or employees to sweep, pick up, remove or cause to be swept, picked up or removed all dust, dirt and mud from such roadways, streets and highways and the methodologies for applying or causing to be applied to such roadways, streets or highways a dust preventative wherever the same shall be determined necessary during the review of the application and required as part of the approval of same. Said plan shall also include:
The hours of operation during which the excavation and soil removal operations or soil transport are to occur, including an estimated period of time for which the excavation or soil removal operation or soil transport to and placement or disposition onto the premises will be conducted and the operations completed;
A detailed description of the methodologies proposed to prevent tracking of dirt onto roadways and preventing dust along the routes to and from the premises wherein the soil is to be transported to or from and any adjoining properties adjacent thereto;
The type of soil transport equipment and apparatus to be used for transport to and from the site.
A copy of the soil erosion and sedimentation plan approved by the Salem County Soil Conservation District for the development activity proposed at the subject premises and showing any requirements stipulated by said Soil Conservation District regarding the tracking of soil or generation of dust.
A description of the location where soils removed from the premises are to be taken and the reason for same.
Proof of liability insurance coverage in amounts of not less than $100,000 for each person injured, $300,000 total each accident causing personal injury, and $100,000 for property damage for each accident.
Editor's Note: The amounts should be compatible with the Township's insurance carrier's requirements.
If the soils are to be transported outside the Township of Pittsgrove, documentation showing that such placement is legally authorized by the receiving municipality and approved by the owner of the proposed site for disposition of said transported soils.
Within 45 days from the date of submission of an application for a permit to transport soils for development activity within the Township, the Township Committee on the advice of its professionals shall deem the application complete or incomplete. This time limit for determining completeness may be extended with the agreement of the applicant. If deemed complete, then the Township Committee shall schedule a public hearing on the application within 30 days of the said date the application is deemed complete. If deemed incomplete, a listing of the items that are incomplete shall be provided to the applicant within 10 days of such determination.
The applicant shall cause public notice of the hearing to be given by publication of such notice in the official newspaper(s) of the Township at least 10 days prior to the date of the hearing or meeting at which the application will be considered. Said notice shall state the date, time, place of the public hearing, the reason for the hearing (an application for a permit to transport soils from or to premises in the Township), and shall identify the property or properties involved in said application by street address and tax block and lot numbers, the name of the applicant, and the development involved, and a statement that the application and plans for the proposed transport of soils are available for inspection in the office of the Township Clerk during normal business hours. Proof of publication of the required notice as stipulated herein shall be presented prior to and found acceptable before commencing of the hearing.
All applications for the transport of soils from or to a subject premises involving 700 or more cubic yards shall be found to comply with the following standards or be subject to the following:
No soil removed from premises within the Township shall be deposited or in any way thrown or placed upon an adjoining property or public roads.
All operations related to the removal from or placement of soils onto premises within the Township shall be conducted in strict compliance with any and all applicable state or local laws, ordinances or regulations, as well as this chapter and the terms and conditions set forth in the approval of the proposed development.
The Township Land Use Board shall have approved the plan for the development involved and found the necessity of soil movement from premises to be deemed appropriate and required given the proposed development activity as stipulated in § 60-53.1 of the Township Development Regulations Ordinance. This would include the type of soils to be deposited at a development premises within the Township.
As a condition of granting a permit for the transport of soils into the Township, the Township Committee shall, when required as a condition of the Land Use Board approval of such soil movement or in all other cases, require the assurance of soil type and/or quality be provided, including documentation of type and quality of any soils or fill material so transported to a premises in the Township, by requiring that certification be provided that said soil or fill material is virgin material from a commercial or noncommercial source or nonhazardous soil.
Additionally, when deemed necessary by the Township Engineer or other qualified expert, the bill of lading shall be required to be provided when the soil arrives at the site and shall clearly indicate the location of where the soil or fill was obtained, including the street, town, tax lot and block numbers, county and state, and a brief history of the site which is the source of the soil or fill material, and a brief statement that to the best of the developer's and his contractor's and/or of the soil or fill material supplier's knowledge or belief the soils or fill material being provided is not contaminated pursuant to any applicable remediation standards and a description of the steps taken to confirm same.
The operations necessary for soil removal from or placement upon premises shall be conducted so as to not constitute a legal nuisance to adjoining property owners, and in no event shall any sharp declivities, pits or depressions be created as a result of such operations.
All transport of soils necessary for removal from or placement upon premises shall only be conducted weekdays from 7:00 a.m. to 6:00 p.m. or as otherwise authorized in the route plan approved by the Township Committee.
Any person proposing to excavate for removal from or transport from off site for placement or disposition of soils onto a premises in the Township shall, as any condition of approval of same as required herein, post sufficient insurance as required by the Township and provide a signed hold harmless form to be provided by the Township with regard to said operations.
The proposed transportation plan is to be submitted to the Township Committee or its designated representative for review and approval. Said plan shall be in compliance with the provisions of Chapter 96 of the Code of the Township of Pittsgrove, entitled "Vehicles and Traffic."
Before any permit or permission for transport of 700 or more cubic yards of soil shall be granted or issued, the owner or applicant shall file with the Township Committee in such amount as, in the opinion of the Township Committee on the advice of the Township Engineer, shall be sufficient to insure the faithful performance of the undertaking, which surety shall be conditioned that the work of soil transport for removal or placement shall comply with the ordinances and regulations thereunder and the conditions subject to which the permit is issued.
Such other reasonable requirements as deemed necessary to carry out the intent of this chapter and the provisions of the Township Development Regulations Ordinance.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent and employee of the Township of Pittsgrove shall have the right to enter into and upon any lands or premises on or upon which soil was transported to or from to examine and inspect such lands and operation. By applying for and receiving such permit for soils movement, the permit holder grants such right of entry for purposes of inspections accordingly.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, in the discretion of the judge before whom such conviction shall be had. Each and every day violation and nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.