[HISTORY: Adopted by the Township Committee of the Township of Mansfield 6-23-1999 by Ord. No. 1999-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLEAN FILL MATERIAL
- Shall mean and shall be limited to uncontaminated natural soil, clay,
sand, gravel, loam and stone materials free of any man-made materials and/or
waste materials subject to regulation by N.J.A.C. 7:26 and 7:26a et seq.[Amended 8-11-1999 by Ord. No. 1999-16]
- The placement of such nonputrescible, nonhazardous or noncombustible fill material as is defined herein upon low- or below-grade areas of land.
- FILL OPERATION
- The process of depositing or placing of fill material as defined herein upon low- or below-grade land areas so as to raise the grade level to conform to adjacent or nearby street or road grades; provided that the normal maintenance of a residential yard in connection with the use of and enjoyment of the property as a residence, including the spreading of topsoil on such yard and the filling and leveling of minor hills and declivities, shall not be considered a fill operation within the meaning of this chapter; and further provided that the operation of a sanitary landfill shall not be considered a fill operation within the meaning of this chapter.
[Amended 4-11-2007 by Ord. No. 2007-11]
No fill operation as defined herein shall be permitted in the Township until application is made therefor and approval has been given by the Township Committee.
Fill operations involving less than 5,000 square feet of lot disturbance or less than 500 cubic yards of fill material are exempt from the provisions of this chapter. Only one exemption per lot is permitted.
The Township Committee shall not consider any application for a fill operation unless and until the owner of the premises shall first file with the Land Use Coordinator an application requesting such permission on the appropriate form to be obtained from the Land Use Coordinator, together with a plan of the premises and the payment of the appropriate application fee as set forth in § 20A-8 of this chapter. The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a licensed New Jersey surveyor. The plan shall show or be accompanied by the following information:
[Amended 4-11-2007 by Ord. No. 2007-11]
A key map showing the entire premises and its relation to surrounding areas.
Acreage of premises to the nearest tenth of an acre.
Existing contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope and the proposed contours.
Proposed contours at two-foot intervals.
The location of existing streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations, on the premises and within 200 feet thereof.
Soil types as shown in the Burlington County Soil Survey.
Calculations showing the determination of the volume of fill to be deposited.
Two benchmarks on the premises at locations that will not be disturbed by the proposed fill operation based on the datum of the contours.
[Amended 8-11-1999 by Ord. No. 1999-16]
Fill soil shall be uncontaminated based on a comparison of laboratory tests to the most recent unrestricted use Soil Cleanup Criteria of the New Jersey Department of Environmental Protection. Sampling to document that soil is uncontaminated shall be conducted for the analytical parameters specified below and at the frequencies provided below based on the proposed fill volume. A summary of the results shall be attached to the application. Each sample shall be a composite from five individual and representative samples. Analyses as prescribed in Subsection B(1)(a) to (c) below shall be conducted utilizing methods from the most current versions of the United States Environmental Protection Agency Contract Laboratory Program (TCL/TAL) or Test Methods for Evaluating Solid Waste (SW-846). Where metals analysis is stipulated, the full Target Analyte Lists or Priority Pollutant metals suite is required. Soil to be used for clean fill shall be sampled at its point of origin (and not at the fill operation site).
Where the clean fill is documented to be from a pristine source, the potential for elevated naturally occurring arsenic must still be investigated. Sampling for arsenic is required at a rate of one sample per 250 cubic yards. Sampling for base/neutral extractable organic compounds, pesticides and metals shall be conducted at a rate of one sample per 1,000 cubic yards.
Where the soil is being imported from a location currently or historically used for farming, sampling is required at the frequency indicated per volume of soil included in the table below. In all cases, analysis must include pesticides, arsenic and lead. Test samples for base/neutrals and metals shall be conducted at a rate of one per 1,000 cubic yards.
Where fill soil is from a source of unknown or questionable quality, sampling shall be conducted at a frequency of one analytical sample per 100 cubic yards. Analysis shall include volatile organics, semivolatile organics, pesticides, PCB's and metals.
The Planning Board may recommend the reduction of the sampling requirements if a detailed history of the source site is available and a proposal to reduce the number of samples or the analytical parameters is submitted for review prior to the movement of the soil. Sampling and analysis must be conducted in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26e, and the New Jersey Department of Environmental Protection Agency Field Sampling Procedures Manual (with the exception of the required composition of samples).
A plan showing the proposed routes that trucks going to and leaving the site will traverse. The plan shall indicate the average and the maximum numbers of truck movements to and from the site each day.
The application, including required plans and reports, shall be submitted to the Township Environmental Commission for a recommendation prior to the issuance of a permit by the Township Committee.
The Planning Board shall hold a public hearing on the application and shall issue a written recommendation prior to the issuance of a permit by the Township Committee.
Planning Board procedures.
A hearing on each application shall be held by the Planning Board within 45 days of the date that the application is deemed to be complete. An application shall be deemed to be complete when all of the requirements of this chapter have been met. The Planning Board Secretary shall notify the applicant by letter of any deficiencies in the application. If the application is deemed to be complete, then a time and place will be set for the hearing. Upon receipt of such notice, the applicant shall. give 10 days' written notice of the hearing to all of the property owners within 200 feet of the premises in accordance with the procedure established in N.J.S.A. 40:55D-1 et seq. Proof of service of such notice shall be submitted by the applicant to the Planning Board Secretary not later than two days prior to the scheduled hearing.
At the conclusion of the public hearing, the Planning Board shall recommend the approval or the denial of the application to the Township Committee. A written recommendation shall be forwarded to the Township Committee setting forth the reasons for the approval or the denial, together with any conditions of approval.
Township Committee procedures. The Township Committee shall consider the Planning Board recommendations at a regularly scheduled Township Committee meeting to be held no more than 30 days after receipt of the Planning Board recommendations. The Township Committee shall consider the recommendations of the Planning Board and the Environmental Commission prior to denying or approving the fill permit. Reasonable conditions related to public health or safety may be attached to any approval. Written notification of the Township Committee's decision shall be sent to the applicant within 10 days of the date of that decision. Upon receipt of the written notification of approval, the Township Clerk shall issue the fill permit.
If permission for a fill operation shall be granted, the owner or person in charge shall so conduct the operations in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Committee.
The fill operation shall be subject to inspection by the Township Engineer, who shall be notified by the owner or applicant at least 24 hours prior to the start or resumption of work. The Township Engineer shall make periodic inspections of the site. The minimum number of inspections and the maximum time between inspections shall be determined for each application based on the volume and the rate of fill placement. For any area to be occupied by buildings or structures, compaction testing shall be required. Such testing shall be at the direction of the Township Engineer.
All fill operations, including trucks entering a site, shall be limited to Monday through Saturday during daylight hours, but shall not commence earlier than 7:00 a.m. or continue later than 6:00 p.m. each day. Sunday operations are prohibited. Any violation of this subsection may lead to immediate revocation of the fill operation permit.
Permits shall be issued for a period not to exceed 90 calendar days from the date of issuance. Each renewal shall require the approval of the Township Committee.
For applications involving up to 5,000 cubic yards of fill material, the fee shall be $100.
For applications involving over 5,000 cubic yards of fill material, the fee shall be $500. Each time fill material is to be deposited shall be cumulative with all other placement of fill material in determining the appropriate fee.
An escrow account shall be established for each application for a fill operation upon the payment of the required escrow fee. For applications involving up to 5,000 cubic yards of fill material, the escrow fee shall be $250. For applications involving over 5,000 cubic yards of fill material, the escrow shall be $500. The escrow fee shall pay for the cost of any professional personnel employed to review the application.
Before any permit for a fill operation shall be granted or issued, the owner or applicant shall file with the Township Committee a performance guaranty in a form and with surety acceptable to the Township and in such amount as, in the opinion of the Township Committee, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Committee pursuant to the provisions of this chapter. The amount of the bond shall be sufficient to permit reclaiming the lot without adding fill material.
The owner or applicant shall also establish an escrow fund in the amount of 6% of the guaranty amount. Said fund shall be used to pay the fees of any professional personnel employed to inspect and make recommendations on the application. If at any time the escrow fund shall be deemed insufficient by the Township Committee to cover actual or anticipated expenses, said fund shall be subject to increase on demand. Any excess of the funds in the escrow account at the time of final acceptance will be returned to the owner or applicant upon his request in writing.