[HISTORY: Adopted by the Township Council of the Township of Pohatcong 4-11-2000
by Ord. No. 00-20. Amendments noted where applicable.]
No person shall perform any earthwork, including the excavation of soil
or rock on a site or the placement of fill of any kind on any lot within the
Township of Pohatcong without first having obtained a permit from the Township
Zoning Officer.
The following activities are not required to obtain a permit under this
chapter:
A.
Excavation or filling of an area of less than 5,000 square
feet.
B.
Excavation or filling in connection with the construction
or alteration of a single-family residential dwelling.
C.
Excavation or filling in conjunction with a subdivision
or site plan which has been approved by the Pohatcong Township Planning Board
or Board of Adjustment.
D.
Excavation or filling upon lands enrolled in the Soil
Conservation Program of the Northeastern New Jersey Soil Conservation District
of the United States Department of Agriculture Soil Conservation Service and
for which lands an "Approved Farm Plan" has been established by said agency,
provided that all soil moving operations in and upon such lands are performed
in accordance with said "Approved Farm Plan."
The matter of reviewing and considering all applications for excavation
permits is hereby referred to the Planning Board of the Township of Pohatcong.
The Zoning Officer of said Township shall issue no excavation permit until
the Planning Board approves the same and submits to the Zoning Officer its
report and recommendation.
A.
On forms prescribed and supplied by the Planning Board,
the applicant shall set forth therein:
(1)
His name and address.
(2)
The name and address of the owner or owners of said lands
and premises.
(3)
A description of the lands and premises, giving the frontage
of same on any public streets or roads; the area of same, and the lot and
block number of said tract on the Tax Map of said Township.
(4)
The purpose or reason for said excavation or fill.
(5)
Fifteen copies of a map prepared by a licensed engineer
or surveyor of the State of New Jersey, showing the tract with dimensions
and all roads, buildings, streams or bodies of water within 300 feet thereof;
the names of the adjoining owners and the existing and proposed contours of
the lands at a two-foot contour interval.
(6)
All wooded areas and trees having a diameter of six inches
or more at the base shall be set forth on said map.
(7)
A statement of the type of equipment and apparatus to
be used in the operation.
(8)
A statement of the hours within which the operations
will be conducted.
(9)
The kind and quantity in cubic yards of the material
to be moved.
(10)
The proposed date of completion of the work.
(11)
Certification that stakes are placed at each corner of
the premises from which the excavation is to be made, and further that grade
stakes have been placed at the existing elevation points designated on the
topographical map clearly marked to indicate the excavation cuts or fill.
(12)
Proposed provisions and facilities for surface water
drainage and, where applicable, channels of any streams, bodies of water and
watercourses, natural or artificial, including detailed cross sections showing
proposed channel widths, bank slopes and methods of erosion and control thereof.
(13)
Such other pertinent data as the Planning Board may,
by resolution, hereafter require.
B.
Said application shall bear the signature of the applicant
and the endorsement of the owner or owners of said lands and premises, signifying
approval of the application, and the owner shall consent thereof that, in
the event of the failure of the applicant to do so, said owners will cause
the proposed work to be completed or otherwise terminated in keeping with
the purposes and objectives of this chapter.
A.
Prior to the commencement of any earth moving activities
on the site, approval by the Warren County Soil Conservation District of a
soil erosion and sediment control plan shall be required for any disturbance
of greater than 5,000 square feet.
B.
No topsoil shall be removed from any lot in the Township
unless documentation is provided by the applicant that there is sufficient
remaining topsoil to cover all disturbed areas of the lot at a minimum thickness
of six inches. Only excess topsoil which is not needed for redistribution
on disturbed areas of the lot may be removed from the lot to another lot within
the Township, subject to the filing of an erosion and sediment control plan
for the destination point of the topsoil. Topsoil shall not be permitted to
be removed from the Township.
C.
Subsoil and rock which have been excavated from the site
may be removed from the property subject to the filing of an erosion and sediment
control plan for the destination point of the material, if the destination
is within the Township.
D.
Any fill material which is brought onto the site must
be "clean fill" and the applicant shall provide documentation that the material
contains no contaminants or hazardous materials.
E.
Blasting. Blasting and the use of explosives in conjunction
with soil or rock removal shall be permitted provided that all aspects of
blasting and the use and storage of explosives shall, at all times, be in
accordance with the provisions of the Explosives Act (N.J.S.A. 21:1A-128 et
seq.)
F.
The Underground Facility Protection Act (N.J.S.A. 48:2-73
et seq.) requires all excavators to notify the One-Call Damage Prevention
System prior to any excavation.
G.
The applicant shall take care to ensure during hauling
operations that soil or rock is not deposited on the public roadways. The
applicant shall be responsible to remove any materials which have been deposited
or tracked onto public roadways. Roadways shall be broom-cleaned on a daily
basis and if dust persists, streets may be required to be hosed clean. The
Township may also require the applicant to spread dust-inhibiting chemicals.
H.
The applicant shall, to the greatest extent practical,
preserve existing wooded areas and significant individual trees on the site.
I.
Proper provisions shall be provided for control of surface
water drainage. Existing drainage patterns on the site shall be maintained
and stormwater runoff shall not be diverted from one watershed to another.
Upon the filing of an application, the applicant shall pay an application fee and a professional review escrow deposit in accordance with Chapter 45, Land Use Procedures.
A.
The Township Engineer shall make an inspection of the
site from which the material is to be moved and shall make such engineering
studies as may be required to determine the effect of the removal of material
from the location as it relates to:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious development of the Township.
B.
The Township Engineer shall also inspect the aforesaid
site to determine whether the applicant has carried out all of the requirements
set forth in this chapter.
The Planning Board shall, within a reasonable time after receipt of
the application, fix a date for hearing of same and shall give the applicant,
by registered mail, notice of the time and place of said hearing. The applicant
shall, at least 10 days prior to the date appointed for such hearing, serve
another notice, either in person or by certified mail, return receipt requested,
upon such persons as are shown by the assessment rolls of the Township of
Pohatcong to be the owners of property within 200 feet of the property in
question. The applicant shall, at the hearing, present proof, in affidavit
form, of the service of said notices.
The Planning Board shall review and consider the application and shall
render its report and recommendation to the Zoning Officer, who shall grant
or refuse the permit in accordance with the recommendation. Such report and
recommendation shall be made within 60 days after the receipt of the application.
In the event of refusal, the applicant may, not later than 30 days after
the receipt by him of such refusal, appeal to the Township Council. The Township
Council may, by a majority vote of its entire membership, sustain or overrule
the Planning Board's recommendation.
The excavation permit shall be dated as of the date it is actually issued
and shall expire in one year.
No person to whom an excavation permit shall be issued shall:
A.
Conduct or maintain any sand, gravel or similar kind of pit, any sand or gravel washing or screening machinery or equipment or any quarry or similar business or industry not permitted in the district in which the premises are located and classified by Chapter 285, Zoning, of Pohatcong Township.
B.
Conduct or maintain any excavation or soil moving operations
without having first made adequate provisions, by means of road oil or otherwise,
for the control of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the permit.
C.
Neglect to dispose of, on or before the completion date
stated in the application, any partially or wholly excavated boulders or other
debris resulting from the soil moving operations, by burial or removal from
the premises.
D.
Conduct any excavation or filling operations beyond the
expiration date of the permit.
No permit shall be issued unless the applicant shall file and maintain
a bond during the time required for the excavation of the materials described
in the application, which bond shall be approved as to form and surety by
the Township Attorney and in such amount as in the opinion of the Township
Engineer shall be sufficient to ensure the faithful performance of the work
and matters required of the applicant pursuant to the provisions of this chapter.
For the purpose of administering and enforcing this chapter, any duly
authorized officers, agents or employees of the Township of Pohatcong shall
have the right to enter into, upon and over any lands in and upon which the
above designated excavation operations are being conducted, to examine and
inspect same.
Any person who shall violate this chapter shall, upon conviction thereof,
pay a fine not exceeding $500 or be imprisoned in the county jail for a term
not exceeding 90 days, or both, for each offense, in the discretion of the
court. Each day that a violation shall continue shall constitute a separate
offense.
