As used in this chapter, the following terms shall have the
meanings indicated:
DEVELOPMENT
For the purposes of this chapter, the term "development"
shall mean the construction, reconstruction or relocation of any structure,
land re-grading or disturbance of 5,000 square feet or more of soil
or fill; and/or any subdivision of land classified as a major subdivision
by the Harrison Township Joint Land Use Board.
PERSON
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a soil or fill importation or placement
operation, including the holder of an option or contract to purchase,
or other person with an enforceable proprietary interest in such land
and the explicit right to apply for and/or conduct the activities
described in this chapter.
SOIL AND FILL
Whether used separately or together, include both surface
(or top) soil and subsoil, and shall include dirt, stone, gravel,
sand, humus, clay, loam, rock, limonite, mixtures of any of these
and all items included in the NJDEP SRP Alternate and Clean Fill Guidance
for SRP Sites dated April 2015 (Version 3.0) and any subsequent addendum,
which is incorporated herein by reference.
The Harrison Township Committee shall not consider any application
for a permit for soil and fill operations unless the applicant has
deposited with the Township Clerk initial escrow moneys in the amount
of $5,000 for engineering, legal and other costs generated by an application
and file with the Township Clerk an application requesting such license.
A minimum escrow balance of $1,500 shall be maintained. The application
shall include the following information and shall be accompanied by
a map or maps which indicate the following:
A. Certification that current taxes have been paid for the premises.
B. The boundary lines of the whole tract of land within which the proposed
soil or earth removal will take place.
C. The limits and boundaries of the proposed work area, showing the
location of markers or monuments set on or in the ground to define
said limits.
D. A USGS quadrangle map showing the dimensions of the property and
an area of at least 1,000 feet beyond such boundary in all directions.
E. The lot and block numbers of the subject parcel and all adjoining
land as shown on the Official Tax Map and an identification of the
owners thereof.
F. The existence of a permanently established bench mark or marks approved
by the Township Engineer, for which there has been established vertical
and horizontal control based on the New Jersey plane coordinate system
and National Geodetic Vertical Datum.
G. The existing contour lines and grades and proposed contour lines
and finished grades for the entire proposed work area; contour lines
should normally be at one-foot intervals.
H. The location of all existing and proposed streets and rights-of-way,
excluding those included within the area to be mined.
I. The location of all points of ingress and egress to the tract of
land.
J. The location of all streams, wetlands, and significant vegetation,
forest associations and wildlife habitats.
L. A soil/fill reclamation plan which includes:
(1) Method of stockpiling topsoil and overburden.
(2) Proposed grading and final elevations.
(3) Topsoil material application and preparation.
(4) Type, quantity and age of vegetation to be used.
(5) Fertilizer application including method and rates.
(6) Planting method and schedules.
(7) Maintenance requirements schedule.
M. Provision for the control of stormwater runoff from the work area as required by Chapter
188 of the Code of the Township of Harrison; the applicant should give consideration to the need for detention and/or retention and/or sedimentation basins so as to minimize possible adverse conditions resulting from uncontrolled runoff and sedimentation.
N. An erosion and sediment control plan that has been approved by the
Gloucester County Soil Conservation Service.
O. Description and details of proposed rehabilitation, stabilization
and reforestation of the proposed work area.
P. The intended use of the work area subsequent to completion of the
excavation.
Q. An agreement that the applicant agrees to indemnify the Township,
its officers, employees and agents harmless from any and all costs,
by reason of any work performed under said permit. The acceptance
of any permit under this chapter shall constitute such an agreement
by the applicant.
R. Description and details of proposed safety measures to be taken during
operations to eliminate unsafe and hazardous conditions, extensive
erosion and ponding of water.
S. The location of all existing structures, buildings and/or dwellings
within 300 feet of the property line; proof of receipt of written
notification of the application by each of the landowners and/or occupants
within 300 feet shall be attached to the application.
T. A study showing the effect, if any, that the proposed work will have
on the elevation, movement, quantity or quality of groundwater and/or
surface water within the Township, or affecting adjacent property
owners.
U. Written consent of the owner of the premises containing the proposed
work area, if the owner is other than the applicant.
V. The appropriate fees required by this chapter.
W. An environmental impact statement, in triplicate, signed and sealed
by a New Jersey licensed engineer or a New Jersey licensed professional
planner, which shall include at a minimum all considerations and elements
contained in the attachment to Executive Order No. 215 of 1989, Guidelines
for the Preparation of an Environmental Impact Statement/Environmental
Assessment, revised and updated - 4/23/2002, and as subsequently revised
and amended.
[Amended 5-15-2023 by Ord. No. 10-2023]
X. For sites zoned for, or proposing residential development, a complete
site plan indicating the location, volume, contaminant loading, height
and/or depth of fill material.
Y. Soil importation
donor site details consistent with NJDEP Site Remediation and Waste
Management Program, Fill Material Guidance for SRP Sites dated October
2021 (Version 4.0), and as subsequently revised and amended.
[Added 5-15-2023 by Ord. No. 10-2023]
An application shall be approved only if the applicant can demonstrate
that the proposed operation:
A. Is designed so that no area of excavation, sedimentation pond, storage
area, equipment or machinery or other structure or facility is closer
than 100 feet to any property line.
B. Is to be located on a parcel of land of at least five acres.
C. Provides that all topsoil that is necessary for restoration will
be stored on the site but not within 100 feet of any property line
unless the area proposed for storage is unforested and shall be restored;
and that the topsoil will be protected from wind and water erosion.
D. Is fenced or blocked so as to prevent unauthorized entry into the
operation through access roads.
E. Provides ingress and egress to the operation from public roads by
way of washed gravel driveways to minimize sediment transport onto
public roads.
F. Is designed so that surface runoff shall be maintained on the parcel
in a manner that shall provide for on-site recharge to ground water.
G. Will not involve excavation below the seasonal high water table,
unless the excavation will serve as a recreational or wildlife resource
or a water reservoir for public, agricultural or industrial uses or
for any other use authorized in the area in which the site is located;
provided that in no case shall excavation have a depth exceeding 40
feet below the natural surface of the ground existing prior to excavation
unless it can be demonstrated that a depth greater than 40 feet shall
result in no significant adverse impact relative to the proposed final
use or to off-site areas.
H. Will be carried out in accordance with an extraction schedule which
depicts the anticipated sequence, as well as anticipated length of
time that each five acre unit of the parcel proposed for extraction
shall be worked.
I. Will involve restoration of disturbed areas at the completion of
the operation and the implementation of the restoration plan is secured
by a performance guaranty.
Should the Township Committee reject the application, applicant
may request a hearing by making written request to the Township Committee,
which hearing shall be held within 30 days after the first Township
Committee meeting at which the request was received.
Any application for a permit for soil or fill activities pursuant
to this chapter shall be reviewed and recommended for approval by
the Township Engineer prior to the issuance of such permit.
Before any permit for soil or fill activities shall be issued,
the owner or applicant shall file with the Township Clerk for approval
by the Township Committee a performance guaranty in a form permitted
by N.J.S.A. 40:55D-53 of the Municipal Land Use Law. The form and
content of such guaranty shall be reviewed and approved by the Township
Attorney and shall be in such amount as in the opinion of the Township
Engineer shall be sufficient to ensure the faithful performance of
the work to be undertaken pursuant to this Ordinance. The minimum
amount of such guaranty shall be the greater of $5,000 per acre of
potential disturbance or $5 per cubic yard of imported material as
indicated in the applicant's submission documents.
For purposes of enforcing this chapter, the Township Engineer
is designated as Enforcing Officer. It shall be the duty of the Township
Engineer to make physical inspections in connection with any application
for a permit or renewal permit hereunder and, in addition, at least
one other physical inspection at an interval of approximately three
months following approval of the application. It is an express condition
of any permit granted pursuant to this chapter that the Enforcing
Officer be permitted unlimited and unconditional access to the operation
and any fill source locations at any time.
Where residential dwellings are located within 300 feet of the boundary line of the tract from which soil or earth is to be removed, a screening strip of trees or dense growth, or both, shall be provided to screen the soil removal operations from the view of such residential dwellings. This buffer strip shall have a minimum width of 15 feet and shall extend longitudinally along the boundary of the tract and said residential lands to screen the removal operation. The operator shall comply with the ordinance of the Township of Harrison with respect to noise levels (Chapter
145) and hours of operation.
No person engaging in activities permitted under this ordinance
shall allow or permit any dangerous condition to result from the transportation
of soil or fill on any public road or highway. The public roads and
highways in close proximity to the removal shall be kept clear of
loose dirt. In the event any violation of this section exists, the
Township shall be authorized to rectify the situation, and the cost
of such work will be borne by the applicant. The same will apply to
drift onto roads passing through or adjoining the removal site area.
In no event shall said roads be closed, destroyed or made impassable
in any way.
An applicant, after having been issued a license under this
chapter, shall not remove from the site the top layer of arable soil
to a depth of six inches, but shall set this soil aside for retention
on the premises and shall respread it over the premises when the soil
or earth has been removed, or sooner, at the direction of the Township
Engineer, pursuant to levels and contour lines and grades as approved
by the Township Committee. Said topsoil stripped from the work area
shall be stockpiled and protected in accordance with standards for
soil erosion and sediment control in New Jersey at the work area and
shall be used as needed for site restoration.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $2,000 per
day and/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 violation of 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.
No exceptions or variations from strict compliance are permitted
for properties not under the jurisdiction of NJDEP SRP. Any person
seeking a permit for AOC areas under the jurisdiction of NJDEP SRP
may request a variation(s) from strict compliance with this chapter
upon written application therefor to the Township Committee. The request
for verification may be approved by the Township Committee, after
report thereon by the Township Engineer, upon a determination that:
A. Any variation or modification of any requirement of this chapter
shall not in any material way alter the standards of the chapter and
shall not affect detrimentally the health, safety or welfare of persons
on the premises or occupants or owners of adjacent premises or of
the neighborhood wherein the subject premises are located, or the
public generally.
B. Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant of the premises to be licensed
because it would compel expenditures on the premises which would be
substantially disproportionate to any benefit to health, safety or
welfare that might be derived therefrom.
C. The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this chapter.
The permit issued under this chapter is not transferable, and
the holder of the license shall be solely responsible for the provisions
specified in this chapter.