[HISTORY: Adopted by the Township Committee of the Township
of Liberty 11-2-2023 by Ord. No. 2023-007.[1] Amendments noted where applicable.]
A.
Soil. Soil Includes all forms of earth, whether organic or inorganic,
including by way of example, but not by way of limitation, surface
or subsurface dirt, stone, rock, gravel, crushed stone, sand, humus,
clay, loam, minerals, topsoil, and any mixtures thereof.
B.
Permit required. No person shall import soil to a site within the
Township of Liberty in quantities of 100 cubic yards or more individually
or cumulatively within a period of one year without first having procured
a permit by filing of an application for such soil importation with
the Zoning Officer. In no event shall trash, waste material, construction
or demolition debris be permitted to be imported into the Township
unless expressly authorized by vote of the Township Committee.
C.
Expiration. Permits issued hereunder for soil importation shall expire six months after issuance. A person holding an expiring permit who intends to continue operations past the date of expiration must complete a renewal application in a timely manner, prior to expiration of the permit, so as to ensure that no lapse occurs. Each day of such a lapse may incur penalties pursuant to § 86A-8 hereunder.
A.
Application. The application shall disclose the following:
(1)
Name and address of the applicant.
(2)
Name and address of the owner, if other than the applicant.
(3)
The description and location of the land in question, including the
tax map block and lot.
(4)
The purpose or reason for placement of soil/fill.
(5)
The nature and quantity, in cubic yards, of soil/fill to be imported.
(6)
The source of material to be used as soil/fill.
(7)
Certificate of clean fill, if available.
(8)
Copy of the contractor's A-901 license confirming they are authorized
by the NJDEP to import fill.
(9)
Source from where the soil/fill is coming from to be shown on the
plans, including tax lot and block, owner's name and municipality.
(10)
The location to which the soil/fill is to be placed.
(11)
A grading plan, showing existing and proposed contours at a
two-foot interval. The plan shall also include all watercourses, wetlands,
and NJDEP regulated areas within 300 feet of the proposed disturbance.
The plan shall show the location and detail for a tracking pad.
(12)
The proposed date of completion of the soil/fill.
(13)
If the area of disturbance exceeds one acre (cumulative since
February 2004), the project is a major stormwater development and
must be designed in accordance with those standards.
(14)
An approved soil erosion/sediment control permit (if applicable).
(15)
Proposed hauling route.
(16)
Permit fee and escrow deposit.
(17)
Prior to the delivery of soil, an applicant shall provide to
the Township Engineer a certificate of clean fill for each load. Every
certificate of clean fill must include the following for every incoming
load: the source location of the fill, the name and relationship of
the affiant to the source of the fill, a statement to the best of
the affiant's knowledge and belief that the fill is not contaminated,
a description of the steps taken to confirm that the fill meets the
requirements of NJDEP's "Fill Material Guidance for SRP Sites"
dated May 1, 2015 and as may be updated in the future.
(18)
Proof that property taxes are current.
B.
Renewal. Any permit under this chapter shall be renewed every six
months upon submission of the following information and completion
of the following actions by the applicant/permittee:
(2)
Statement that the applicant/permittee has not permitted or suffered
a condition which would violate this chapter to go uncorrected. Unabated
violations of this chapter shall be grounds for denying renewal of
the application.
(4)
Proof that taxes on the subject property are current and paid.
(5)
Statement that the applicant/permittee is not in violation of any
state, county or municipal law, ordinance or health regulation as
a result of any activity or operations under the chapter.
A.
Permit fee. The fee for issuance of a permit under this chapter shall
be a minimum of $100 plus $10 per thousand cubic yards in excess of
50 cubic yards.
B.
Escrow. No application under this chapter shall be considered unless
the applicant has deposited with the Zoning Officer 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 importation of soil, no permit, fee, or escrow
deposit fee will be required.
A.
The Township Engineer shall review all such applications. In all
such applications, the applicant shall provide proof of testing and
results, in accordance with the NJDEP residential direct contact standards,
certified by a laboratory licensed or otherwise certified by the NJDEP.
A.
All soil movement and filling operations must be conceived and operated
in such a way that there will be no appreciable harmful effects to
the environment.
B.
Nuisances and unsafe conditions. All soil movement and filling operations
shall be conducted as not to constitute a nuisance, and in no event
shall said operation create any hazardous or unsafe condition with
regard to any person or persons.
C.
Use of streets. In the placement of soil or fill operation, the applicant
shall cause streets to be kept free from dirt and debris resulting
from the soil or fill operation. Applicants are solely responsible
for cleaning up street.
A.
The provisions of this chapter shall not apply to the following:
(1)
Excavations or fill for septic tanks or sanitary inspections, provided
that no excavation or construction of any kind shall take place until
a site plan or permit has been approved by the Construction Official
and/or Warren County Department of Health as required by law.
(2)
The storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards, provided that the outdoor storage of materials on said property has previously been lawfully established, received a zoning permit, or received site plan approval pursuant to Chapter 90 or Chapter 105, Subdivision and Site Plans or Zoning, respectively, of the Township of Liberty.
B.
Nothing in this chapter shall be construed to affect or apply to
any person engaged in a state-mandated cleanup plan, provided that
all soil moving, removal operations, and fill operations, conducted
under the supervision of a licensed soil remediation professional
(LSRP), are performed in accordance with said cleanup plan and provided
further that notice of the state-mandated cleanup plan is placed on
file with the Zoning Officer and Township Engineer prior to any soil
moving, removal operations or fill operations.
A.
Revocation or suspension. Any permit issued under this chapter may
be revoked or suspended by the Township Committee or Township Engineer:
(1)
Where the applicant or permittee has violated or refused to comply
with any provision of this chapter.
(2)
Where the permittee conducts unpermitted soil deposition activities
on another piece of property within the Township.
(3)
Where the permittee has failed to pay or caused to be paid any taxes
upon the lands covered by his, her or its permit.
(4)
Where the permit is in violation of any federal, state, county or
municipal law or ordinance or health regulations as a result of any
activity or operation under this chapter.
(5)
Where any operations of the permittee under this chapter endangers
the person or property of adjoining landowners or other persons in
the Township.
(6)
Where it is found that the applicant submitted false, incomplete
or misleading information.
B.
In the event that the permit is revoked in accordance with Subsection A above, all soil movement operations shall cease until such time as the revocation is reversed after a hearing before the Township Committee or an abatement of the violations.
C.
Procedure.
(1)
Notice of violation. Whenever the Township Engineer and/or Township
Committee determine that there are reasonable grounds to believe that
there has been a violation of any provisions of this chapter, they
shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall be
in writing, include a statement of the reasons why it is being issued,
allow up to 30 days for the performance of any act it requires, be
served upon the owner or his agent, and contain an outline of remedial
action which, if taken, shall effect compliance with the provisions
of this chapter. Such notice shall be deemed to be properly served
upon such owner or agent if a copy thereof is served upon him personally,
if a copy thereof is sent by certified mail to his last known address
as shown on the application, if a copy thereof is posted in a conspicuous
place in or about the licensed premises involved, or if he is served
with such notice by any other method authorized or required under
the laws of this state.
A.
Enforcement. For purposes of enforcing this chapter, the Township
Engineer is designated as the enforcing officer. It shall be the duty
of the Township Engineer to make physical inspections in connection
with any application for a permit, maintenance of the permit, or renewal
permit hereunder at any time at the Engineer's discretion. 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.
B.
Violations and penalties. In addition to the revocation provided
for herein, any person who violates this chapter shall, upon conviction
thereof, be subject to a maximum fine of $2,000. Each and every day
that such violation continues or exists shall be considered a separate
and specific violation of these provisions and not as a continuing
offense.
A.
Nothing contained in this chapter shall be construed to affect the
applicant or owner's application for soil erosion and sediment
control permits or any other state or federal regulations or permits
as required.
B.
Stop-work order. Upon service of notice that a permit under this
chapter has been revoked or suspended, all operations under the application
and permit are to cease immediately. Upon consultation with the Township
Engineer, permittee may take actions to abate the violations that
involve soil movement.
C.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this chapter may request
and shall be granted a hearing on the matter before the Township Committee,
provided that such person shall file written notice of the request
with the Zoning Officer, setting forth a brief statement of the grounds
therefore, within 10 days after service of notice upon him. Upon receipt
of such written request, the Township Clerk shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
After such hearing the Township Committee shall sustain, modify or
withdraw the notice. If the Township Committee sustains or modifies
such notice, it shall be deemed to be an order which, at the discretion
of the Township Committee, may operate as a revocation of the license.
Any notice served pursuant to this chapter shall automatically become
an order if a written request for a hearing is not filed with Zoning
Officer within 10 days after such notice is served.
