[HISTORY: Adopted by the Township Committee of the Township
of Hampton 10-27-2009 by Ord. No. 2009-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 43.
Uniform construction codes — See Ch. 53.
Development and application fees — See Ch. 56.
Excavations — See Ch. 58.
Site plan review — See Ch. 85.
Soil removal — See Ch. 87.
Subdivision of land — See Ch. 91.
Zoning — See Ch. 108.
Stormwater control — See Ch. 109.
[1]
Editor’s Note: The provisions of this ordinance were
originally adopted as Ch. 124 but were renumbered to fit into the
organizational structure of the Code.
A.
Areas within Hampton Township 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 Township 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
ensuring orderly development within the Township.
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 Hampton Township Planning Board constituted pursuant
to N.J.S.A. 40:55D-1 et seq.
[Amended 10-26-2021 by Ord. No. 2021-12]
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 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."
A carbonate rock that contains more than fifteen-percent
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 geologic 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 eighty-percent 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 geologically controlled, ground-based geologic
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 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 terrains, usually along joints 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 depression formed from the slow dissolution of bedrock.
A place where water naturally flows from rock or soil upon
the land or body of surface water.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in the underlying, soluble bedrock.
The part of the precipitation that passes over the surface
of the soil.
Opening in the soil or rock materials.
A.
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. Disturbance for the purpose of this
rule is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
The provisions of this chapter may be applied to any development which
in the opinion of the Township Engineer and geotechnical consultant
is located in an area underlain by limestone or carbonate bedrock.
B.
This chapter shall also be applicable to existing single lots where
an application is filed with the Hampton Township Construction Official
for a construction permit.
A.
Carbonate Area District (CAD). The Carbonate Area District is hereby
created and shall be an area identified as such upon the Hampton Township
Carbonate Area District Map.[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.
(1)
Carbonate Rock District (CRD). The Carbonate Rock District is composed
of those areas of Hampton Township underlain by limestone or carbonate
rocks. The geologic mapping utilized to prepare the CRD overlay boundary
is derived from New Jersey Geologic 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 Hampton Township. Therefore, the provisions
of this chapter may be applied to any development which, in the opinion
of the Township Engineer or geotechnical consultant, is located in
an area underlain by limestone. The CRD map shall be updated as information
is developed through the application of this chapter.
(2)
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 Township 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, shall undertake a geotechnical investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I requirements. 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 Township geotechnical consultant (GTC) to the Planning Board as set forth in § 48-7.
[Amended 10-26-2021 by Ord. No. 2021-12]
(2)
The geotechnical investigation program shall be prepared by a professional
engineer or geologist with experience in karst terrains. The Township's
geotechnical consultant (GTC) shall be similarly qualified to review
all projects submitted.
(3)
The geotechnical investigation program shall identify the geologic
nature of the materials underlying the site.
(4)
The geologic 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 geologic investigation are essential to
the planning, engineering design and construction techniques to be
utilized for the development, the geologic investigation program shall
be completed and the geologic 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 geologic investigation, the applicant
may, and is encouraged to, consult or meet informally with the Township
GTC or the Planning Board as deemed necessary to receive guidance
on its investigation.
(7)
An applicant for a proposed construction permit is required to submit
a plot plan showing the proposed building, well septic system, driveway
and grading. As part of the building permit application, the Township
Construction Official shall review the lot location with respect to
the Carbonate Area District Map[1] and shall determine if the lot is located within the Carbonate
Rock District. For a lot located in the Carbonate Rock District, he
shall require the applicant to provide borings and test data in the
area of the proposed dwelling and septic system for his review in
the event that, in the discretion of the Township Construction Official,
he deems it is necessary. He may consult with the Township Engineer's
Office and/or the Township GTC concerning the tests that should be
required as a condition of issuing a building permit. He may require
the recommended testing prior to the issuance of a construction permit
on a single lot.
[1]
Editor's Note: Said map is on file in the Township offices.
B.
Geotechnical investigation program process. For all properties located
in the CAD, a comprehensive geologic 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 geologic 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 geologic 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)
The applicant shall complete the Phase I requirements. Upon completion,
the applicant shall have the option to submit the information to the
Planning Board to obtain an informal review and guidance prior to
proceeding with Phase II.
(2)
The applicant shall complete the Phase II requirements. Upon completion,
the applicant shall have the option to submit the information to the
Planning Board to obtain an informal review and guidance prior to
proceeding with the on-site geotechnical investigation.
(3)
The applicant undertakes on-site geotechnical investigation program in accordance with § 48-8, with observation by the Township GTC.
(4)
Submission of a geologic investigation report and site recommendation
by the applicant.
(5)
Township GTC review, report and final recommendation to the Planning
Board.
[Amended 10-26-2021 by Ord. No. 2021-12]
A.
United States Geologic Survey 7 1/2 minute topographic quadrangle
maps with parcel identified.
B.
United States Department of Agriculture Soil Conservation Service
soil survey map indicating soils present on parcel.
C.
Information from any special report completed by New Jersey State
Geological Survey, United States Geologic Survey, or New Jersey Department
of Environmental Protection.
D.
Site plan map at a scale of one inch equals 1,000 feet, identifying
proposed development site and boundaries of site that are within the
CRA and/or CDA as designated on the Township CAD map.
E.
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).
F.
Location of all known water production wells and well log information
within 1/2 mile of the project.
G.
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.
H.
Written narrative describing proposed activity.
I.
If the proposed project includes the storage or manufacturing of
toxic or hazardous materials, provide an explanation of the type of
activity.
J.
Other published geologic information which the applicant deems pertinent,
such as information from other geologic 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 geologic hazards. Percussion probes and other
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 geologic consultant to be used.
B.
Direct testing procedures.
(1)
Provide number of proposed test borings. The minimum number of borings
required is shown in the following table; however, the Township GTC
may require additional tests as site conditions warrant.
|
Residential Development
| ||||
|---|---|---|---|---|
|
Type
(number of dwellings)
|
Foundations
(per dwelling)
|
Infrastructure
(per 1,000 feet roadway)
|
Stormwater Management
(per basin)
| |
|
1 to 10
|
1
|
1
|
2
| |
|
11 to 50
|
0.15
|
0.75
|
2
| |
|
Greater than 50
|
0.1
|
0.5
|
2
| |
|
Nonresidential Development
| ||||
|---|---|---|---|---|
|
Type
(S.F. building area)
|
Foundations
(per 1,000 S.F. feet building area)
|
Infrastructure
(per 1,000 S.Y. impervious)
|
Stormwater Management
(per basin)
| |
|
1 to 5,000
|
0.4
|
0.33
|
2
| |
|
5,001 to 10,000
|
0.3
|
0.3
|
2
| |
|
Greater than 10,000
|
0.2
|
0.2
|
2
| |
|
Note: Additional investigation may be required based upon actual
field conditions encountered.
|
(2)
Provide anticipated depth of borings. If rock is encountered within
40 feet of ground surface, a minimum of 10 feet rock is to be cored.
Rock cores shall be a minimum of two inches in diameter to be obtained
by 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.
(4)
Describe proposed borehole grouting techniques. Grouting shall be
in accordance with N.J.A.C. 7:9-9.1 et seq.
(5)
Provide 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 geologic origin
of the constituents of the encountered materials, i.e., light yellow
brown silty clay (CH), with occasional angular dolomite fragments,
moderately stiff, residual soils, some stained paleo jointing.
(8)
Provide number and depth of proposed test pits. The minimum bottom
area of pits shall be 10 square feet and shall encounter rock surface
over 50% of the pit area.
(9)
Describe 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 GTC.
(10)
Provide 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
ground water 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 geologic reconnaissance factors to be examined, i.e., vegetative
changes, observable seeps or groundwater discharge, circular depressions,
swales.
(6)
Describe any other geologic reconnaissance field investigation techniques
proposed.
D.
Maps, drawings and other documentation.
(1)
Provide the location of the site on 1:24,000 scale U.S.G.S. 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 Board.
(3)
Describe proposed technical inspection of procedures during investigation.
Continuous technical supervision of field investigation is strongly
recommended.
(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 Township. 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, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
B.
The proposed development site shall be subject to inspection by the
GTC, Township Engineer, or designated Township inspectors at any time.
All testing data and results shall be made available to Township officials
and inspectors on demand.
C.
All samples taken shall be properly preserved and shall be available
for examination by the Township upon request until final action is
taken by the Planning Board on the application.
[Amended 10-26-2021 by Ord. No. 2021-12]
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- 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 geologic consultant provided in the Phase II requirements.
(7)
Analytical methods used on soils, water samples, and rock samples.
(8)
A topographic map at a scale of one inch equals 100 feet 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.
(9)
Analysis of the groundwater including any potentiometric maps constructed
from site data or aquifer tests with rate and direction of flow.
(10)
A geologic 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 Township 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, 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 Township
Engineer.
(6)
Pressurized utility lines shall provide for automatic shutoff when
sudden pressure loss is detected.
(7)
Site grading and blasting shall be minimized.
(8)
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.
(9)
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 terrain to be on site during all
construction activities requiring excavation.
[Amended 10-26-2021 by Ord. No. 2021-12]
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 Board whether or not the applicant has provided the Township
with:
A.
Sufficient design, construction and operational information to ensure
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 ensuring 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 Hampton Township, its employees, the Township
Engineer, and the Township 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 geologic hazard may not be
identified while the geologic investigation program is underway 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 geologic hazard.
C.
Prepare a report on the geologic hazard which analyzes the impact
of the hazard and details a remediation plan for review and approval
by the Township geotechnical consultant.
D.
After obtaining approval from the Township, 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 Township 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.
C.
Inspection fee.
(1)
It is recognized that the Municipal Land Use Law, particularly N.J.S.A.
40:55D-53, Subdivision h, 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
geological 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 Township Engineer or his representative.
(3)
The construction of improvements in developments underlain by critical
geological 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-53, Subdivision
h, 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.
D.
Waivers. Subsequent to the submission of the Phase I information required in § 48-6, the Planning Board, upon recommendation by the Township geotechnical consultant, may grant a waiver from all or any part of the geotechnical investigation and report requirements in § 48-7.
[Amended 10-26-2021 by Ord. No. 2021-12]
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 Hampton Township, the Township Engineer,
the Township geotechnical consultant, Township 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.
F.
Reimbursement of fees.
(1)
The applicant shall reimburse the Township of Hampton for all expenditures
it expends for professional fees in reviewing an application, including,
but not limited to, the fees of the following:
(2)
The reimbursement of said fees shall be subject to the provisions
of the Municipal Land Use Law, including N.J.S.A. 40:55D-53.
