[Amended 12-13-2021 by Ord. No. 21-13]
A.
No person shall excavate for the removal of soil or otherwise remove
soil in contravention of this chapter or for sale or for use other
than on the premises from which the soil shall be taken without a
soil removal permit, except in connection with the excavation or grading
incidental to construction or alteration of a structure on such premises
for which a permit has been issued or site plan approval has been
rendered by the Planning Board or Board of Adjustment or other permitting
agencies or for ordinary landscaping.
B.
No person shall deposit or place soil on, or cause, allow, or permit
soil to be placed on, any property in the Township of Knowlton, unless
a permit is issued by the Township and any other applicable county,
state or federal approval(s) or permit(s). This shall include the
sale of soil for deposit or placement on any property within the Township
of Knowlton.
C.
Sale or complimentary gifting of removed soil. Any excavation where the removed soil will be sold or provided at no charge and deposited on property other than from where it was excavated shall not be entitled to exemption from compliance with this chapter pursuant to Subsection D hereunder. All property owners seeking to remove soil and sell it or give it away shall be required to obtain a permit hereunder and submit proof that the soil is clean pursuant to § 156-5N. If the applicant does not provide proper soil testing documentation, the Township Zoning Officer or Engineer are empowered pursuant to § 156-6 to send soil samples for testing at the expense of the applicant. However, excavations by licensed quarries shall be governed by Article III hereunder.
D.
Exemptions. With the exception of licensed quarries governed by Article III hereunder, the below exemptions shall not apply if the soil will be sold and/or deposited on property other than from where it was excavated. An applicant is not required to obtain a permit under this chapter for the following:
(1)
Removal of less than 100 cubic yards.
(2)
Excavations and/or fill for buildings, foundations, or swimming pools,
provided that the removed soil will not be sold, gifted, or deposited
on property other than from where it was excavated and that no work
shall be performed until the issuance of a permit by the Zoning Officer
and/or Department of Health.
(3)
Excavations for septic tanks or sanitary installations, provided
that the removed soil will not be sold, gifted, or deposited on property
other than from where it was excavated and that no work shall be performed
until the issuance of a permit by the Zoning Officer and/or Department
of Health.
(5)
Excavations conducted pursuant to a final site plan or final subdivision
(major or minor) has been granted by the Planning or Zoning Board,
provided that the removed soil will not be sold, gifted, or deposited
on property other than from where it was excavated.
(6)
Notwithstanding an exception, all work shall be performed in accordance
with the standards for soil erosion and sediment control as regulated
by the State of New Jersey and the applicable Soil Conservation District
requirements.
[Amended 12-13-2021 by Ord. No. 21-13]
Application shall be made to the Zoning Officer and accompanied
by the following:
A.
The name and addresses of the applicant and the owner (if other than
applicant).
B.
The description of the land involved, including Tax Map lot and block
numbers as identified by the Knowlton Township Tax Maps.
C.
A detailed description of the methods, conveyances and machinery
to be employed for the soil removal activity.
D.
The total quantity of soil to be removed in cubic yards.
E.
The existing and finished contours of the site of removal and disposition
of the soil, shown at a scale of not less than one inch equals 100
feet and a contour interval of two feet.
F.
A copy of any Soil Erosion and Sedimentation Control Plan approved
by the Warren County Soil Conservation District, in those applications
where such a plan and approval are required.
G.
The purpose or reason for the intended soil removal activity.
H.
The proposed destination of the soil to be removed.
I.
The proposed date for the commencement and completion of the soil
removal activity. However, in no event shall a permit be good for
more than two years.
J.
The name, address and telephone number of the person in direct charge
of the soil removal activity.
L.
Performance bonding, which shall be in accordance with approval of
the Board having jurisdiction over the applications.
M.
A signed
subdivision plat, site plan, and/or plan showing the purpose and reason
for the soil removal activity.
N.
If soil
will be removed from the property and deposited elsewhere or sold,
proof that the soil has been tested and found to be in conformance
with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1,
Table 1A.
(1)
Proof
under this subsection shall be a letter from a laboratory certified
by the state to perform soil analysis stating that results meet or
exceed the standards set forth in N.J.A.C. 7:26D, Appendix 1, Table
1A, and such other state, county, or municipal standards in effect
at the time of testing, along with the actual test results.
(2)
A minimum
of two samples are to be extracted from the source for laboratory
analysis for each 1,000-cubic-yard lot, or fraction thereof. Samples
are to be extracted, tested, and evaluated by a state-certified laboratory.
Samples must be biased to the location of the highest suspected contaminated
concentrations, as determined by the laboratory professional or his
duly assigned representative.
O.
The location
to which the soil/fill is to be placed.
[Amended 12-13-2021 by Ord. No. 21-13]
A.
The Township Zoning Officer shall review all such applications and,
if in the opinion of the Township Zoning Officer professional review
of the application, including review by the Township Engineer or physical
examination or testing of soil, is required, the Zoning Officer shall
forward all pertinent materials to a soil consultant or environmental
consultant for review and for a certified testing soil laboratory
report which shall be delivered to the Township Committee within 30
days from the date of completion of the application.
B.
The report of the consultant shall be accompanied by an invoice for the services performed. All expenses connected with such testing are to be borne by the applicant and shall be deducted from the escrow account established pursuant to § 156-13.1.
C.
Processing deadline. Within 30 days of the date of submission of
a complete application, the Township Zoning Officer shall review the
application in accordance with the procedures established in this
article and provide any testing results and a recommendation to the
Township Committee. The Township Committee shall then decide whether
to issue the permit at the first regular Committee meeting after submission
of the recommendation and findings by the Township Engineer.
D.
If, after considering the application and all maps, reports and other
documents or evidence, the Township Zoning Officer determines that
the proposed soil removal operation will not adversely affect the
public health, safety or general welfare, a permit shall be granted
to the applicant and shall include a reasonable time limit for completion
of the operation.
E.
In granting permits under this section, the Township Zoning Officer
shall have the power to condition the permit upon compliance by the
applicant with such terms and conditions as may be deemed necessary
or advisable to effect the provisions and intent of this section.
Such conditions may include the requirement of as-built plans.
A.
The issuance of a soil removal permit in connection with a surface
mining operation shall entitle the permittee for the duration of the
permit and subject to its terms to extract soil, remove it from the
designated premises and transport it to a location within or outside
the Township of Knowlton.
B.
The issuance of a soil removal permit in connection with other than
surface mining activities shall be in accordance with the recommendations
of the Planning Board or Board of Adjustment and shall entitle the
permittee for the duration of the permit and subject to its terms
to extract specified quantities of soil and remove it from the designated
premises; provided, however, that such removal and transportation
of soils shall be limited to the hours of 7:00 a.m. to 5:00 p.m.,
Mondays through Saturdays, except State of New Jersey legal holidays.
In no event may topsoil be removed from the site.
The Zoning Officer shall keep a record of all permits issued
under the authority of this chapter. The records shall include all
information contained in and terms applicable to the permit. The records
shall also indicate the amount of fees paid for the permit, the date
on which the payment was received, the date of the issuance of the
permit and whether the permit was new or a renewal.
During any soil extraction activity, a valid soil extraction
permit shall be prominently displayed at the site where said activity
is being conducted.
Soil extraction permits shall apply only to the person and the
site to whom and for what purpose it was issued or approved and may
not be transferable to another person or site.
A.
Any soil extraction permit issued by the Zoning Officer may be revoked
by the Township Committee after notice and a hearing for any of the
following causes:
(1)
Fraud or misrepresentation of the application for permit.
(2)
Fraud or misrepresentation in the conduct of the permitted activity.
(3)
A violation of any provision of the soil removal permit or noncompliance
with any of the terms of a conditional use permit granted, where applicable,
by the Planning Board or Board of Adjustment.
(4)
Conduct by the permittee or his agents, representatives or employees
in an unlawful manner or in a manner inimical to the public health,
safety or general welfare.
B.
Notice of hearing for the revocation of a soil removal permit shall
be given, in writing, by the Zoning Officer to the person, firm or
corporation to whom the permit was issued. The notice shall specifically
set forth the ground(s) upon which the proposed revocation is based
and the time and place of the hearing. The notice shall be served
by mailing a copy to the permittee to the address on the application,
or to his last known address, by certified mail, return receipt required,
at least five working days prior to the date set for the hearing.
C.
At the hearing for the revocation of a soil removal permit, the permittee
shall have the right to appear and be heard, to be represented by
an attorney, to present witnesses in his own behalf, to cross-examine
opposing witnesses and to have a permanent record made of the proceedings
at his own expense. The Township Committee shall revoke or suspend
the permit if it is satisfied by a preponderance of evidence that
valid causes for such revocation or suspension exist.
The Township Committee may authorize the issuance of another
soil removal permit to a person whose permit has been revoked, suspended
or denied as provided herein if, after a hearing, it is satisfied
by clear and convincing evidence that the reasons leading to the revocation,
suspension or denial have been properly rectified and will not reoccur.
Otherwise, no person whose permit has been revoked, suspended or denied,
nor any person acting in his behalf, directly or indirectly, shall
be issued another permit to carry on the same soil removal activity.
A.
For any and every violation of provisions of this chapter, the owner,
contractor or other person or persons interested as lessees, tenants
or otherwise in any building, land or premises where such violation
has been committed or shall exist or continue to exist and who shall
fail to abate said violation within the time specified by the notice
of violation, after written notice to do so has been served upon him
by certified mail, return receipt requested, or by personal service
upon him, shall for each and every violation be subject to a fine
up to $1,000 per day for each day of violation or imprisonment for
90 days, or both.
[Amended 12-13-2021 by Ord. No. 21-13]
B.
Each and every day of such violation after such abatement notice
shall have been served shall be considered a separate and specific
violation of this chapter and not as a continuing offense. If, after
diligent effort, service of a notice of violation cannot be made by
mail or in person, posting of a copy of such notice at a conspicuous
part of the premises in violation shall be construed as legal service.
[Added 12-13-2021 by Ord. No. 21-13]
A.
Permit
fee. The fee for issuance of a permit under this article shall be
a minimum of $100 plus $10 per 1,000 cubic yards in excess of 100
cubic yards.
B.
Escrow.
No application under this article shall be considered unless the applicant
has deposited with the Township Clerk initial escrow moneys in the
amount of $2,000 for engineering, legal and other costs generated
by an application. A minimum escrow balance of $1,000 shall be maintained.
C.
Fees
waived. Where there is an approved site plan and said site plan approval
includes the removal or exportation of soil, no permit, fee, or escrow
deposit fee will be required. However, fees will only be waived if
the removed soil will not be sold and/or deposited on other properties.
