[HISTORY: Adopted by the Township Committee
of the Township of Washington 5-15-1972 (Sec. 15-1 of the Revised General Ordinances); amended
in its entirety 10-17-2005 by Ord. No. 38-05. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Soil Disturbance Ordinance of the Township of Washington."
As used in this chapter, the following terms
shall have the meanings indicated:
All unconsolidated mineral and organic material of any origin,
including earth, sand, clay, loam, sediment, muck, gravel, stone,
humus, rock or dirt.
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply soil.
No person shall perform soil disturbance without
first having procured a permit from the Township Committee. Any waiver
to this permit requirement must be submitted in writing to the Township
Committee with a detailed explanation as to why a waiver should be
granted. Waiver approval shall be memorialized by resolution from
the Township Committee. Soil disturbance permits shall not be required
for the following:
A.
Soil disturbance, other than for installation of a
driveway, in connection with the construction of a building on such
premises and excavation or grading incidental thereto, provided that
no soil is transferred to or from the lot.
B.
Soil disturbance in connection with construction for an approved subdivision or site plan, provided that the applicant submits to the Planning Board/Board of Adjustment all information required by this chapter, the performance bond required by § 164-10 and the approval resolution includes approval of soil disturbance. If an applicant/developer wishes to amend his/her approval under this provision, then the applicant shall apply to the Board that granted the original soil disturbance approval for an amended approval.
C.
Soil disturbance in connection with projects on municipal
land and/or rights-of-way.
D.
Soil disturbance of insignificant amounts, wherein
"insignificant" is defined as less than 100 cubic yards in any twelve-month
period.
E.
Soil disturbance in connection with agricultural uses,
except that agricultural activities that do not produce plants, animals
or their products worth $2,500 or more annually shall not be entitled
to import or export more than 100 cubic yards of soil in any twelve-month
period without securing a soil disturbance permit.
[Amended 6-17-2013 by Ord. No. 15-13]
F.
Soil disturbance in connection with septic system
repairs to existing building.
G.
Soil disturbance in connection with percolation tests
and/or soil borings.
H.
Soil disturbance for the construction of a swimming
pool for which a permit has been issued.
[Amended 11-21-2011 by Ord. No. 17-11; 11-20-2017 by Ord. No. 12-17]
The Township Committee shall not issue a permit for the disturbance
of soil unless and until the owner of the premises shall first file
six copies of an application requesting such permit with the Planning
Board Clerk. The application shall include or be accompanied by the
following:
A.
The name and address of the owner of the land.
B.
The lot and block numbers of the land as shown on the current Tax
Map of the Township.
C.
The reason for soil disturbance.
D.
The type or types of soil to be disturbed.
E.
The volume of soil of each type to be disturbed. The volume shall
be in both cubic yards and in truckloads.
F.
A map or maps of premises in a scale of one inch equals 50 feet,
showing the existing contour lines, the proposed contour elevations
resulting from the soil disturbance and trees and vegetation on the
premises before and after the proposed soil disturbance.
G.
The location of any soil to be imported to the Township, including
the address, block and lot of the location and a description of the
property's history and use (e.g., farmland, residential, industrial,
etc.).
I.
The measures that will be undertaken to prevent road damage, traffic
problems and the dropping of soil onto public streets or roads while
in transit.
J.
The proposed dates for the commencement and completion of the work.
K.
The proposed sequence of operations indicating the time allotted
to each phase.
L.
Engineering data, such as soil borings or test pits, certified by
a professional engineer licensed to practice in the State of New Jersey
substantiating the feasibility of any proposed soil disturbance project.
M.
Such other pertinent data as the Planning Board/Board of Adjustment
Engineer may deem necessary or appropriate.
[Amended 4-15-2019 by Ord. No. 08-19]
N.
Where the soil disturbance area exceeds 5,000 square feet, a soil
erosion/sedimentation control approval from the Morris County Soil
Conservation Service.
O.
Where soil disposal areas are located within a floodplain, a stream
encroachment approval from the New Jersey Department of Environmental
Protection.
P.
Certified soil analysis/test results, from a soils engineer, geologist
or licensed subsurface evaluator, in accordance with the testing procedures
set forth in the soil disturbance application, as well as the technical
requirements for site remediation set forth in N.J.A.C. 7:26E-2.1
and 7:26E-3.4, for all soil to be imported to the Township or to be
relocated within the Township.
A.
Upon submission of a completed application for soil disturbance in accordance with § 164-4, the Planning Board Clerk shall forward one copy to the Planning Board/Board of Adjustment Engineer, one copy to the Township Soil Consultant and one copy to the Washington Township Environmental Commission for their review and comment. In addition, one copy shall be submitted to the Washington Township Clerk.
[Amended 11-21-2011 by Ord. No. 17-11; 11-20-2017 by Ord. No. 12-17; 4-15-2019 by Ord. No. 08-19]
B.
In reviewing the application, the Environmental Commission,
the Soil Consultant and the Planning Board/Board of Adjustment Engineer
shall be guided by a general concern for the public health, safety
and welfare. In addition, specific consideration shall be given to
the following factors, rules and minimum standards:
[Amended 4-15-2019 by Ord. No. 08-19]
(1)
The potential for soil erosion by water and wind.
(2)
The prevention of silt and sediment from entering
brooks, streams, ponds, lakes, rivers and other bodies of water.
(3)
The existing drainage of the site involved and any
changes in drainage patterns that may result from the establishment
of new contours.
(4)
Types and fertility of the soil to be removed and
the use to which it will be put.
(5)
Lateral support slopes and grades of abutting streets
and lands.
(6)
Land values and uses of those properties affected
directly or indirectly by the proposed disturbance of soil.
(7)
No soil disturbance for transport off site shall be
done in any area within 100 feet of any residential property line,
and the buffer area shall remain in its natural state.
(8)
The grade of excavated slopes shall not be steeper
than 3 to 1 (three feet horizontal to one foot vertical).
(9)
The possible need for any soil disturbance excavation
to be completely fenced with a six-foot-high chain-link-type fence
or approved equivalent where necessary to protect the safety and welfare
of the public.
(10)
No more than four acres shall be scheduled for disturbance at any time, and any previously disturbed area must be stabilized and completed to the approved proposed contours and the provisions of § 164-9 complied with before further disturbance.
(11)
Satisfactory soil test results, below the current
NJDEP residential, or most stringent, soil cleanup criteria.
C.
If the soil tests have not been completed, any approval
will be subject to satisfactory soil test results.
D.
No later
than 15 days after receipt of the application, the Planning Board/Board
of Adjustment Engineer and the Township Soil Consultant shall determine
whether the application is complete or whether additional information
is required, in which event the Planning Board Clerk shall communicate
the request for additional information to the applicant. No later
than 15 days after the application has been deemed complete by the
Planning Board/Board of Adjustment Engineer and the Township Soil
Consultant, the Planning Board/Board of Adjustment Engineer, the Township
Soil Consultant and the Environmental Commission shall submit comments
on the application, in writing, to the Township Planning Board and
may recommend that the permit applied for be either granted or denied.
Any conditions for approval or the reasons for denial shall be included
in the recommendations.
[Added 11-21-2011 by Ord. No. 17-11; amended 11-20-2017 by Ord. No. 12-17; 4-15-2019 by Ord. No. 08-19]
[Amended 11-21-2011 by Ord. No. 17-11]
A.
When the application has been deemed complete by the Planning Board/Board
of Adjustment Engineerr and the Township Soil Consultant the applicant
shall submit 15 copies of the application to the Planning Board Clerk.
The Planning Board Clerk shall refer an application that has been
deemed complete by the Planning Board/Board of Adjustment Engineer
and the Township Soil Consultant to the Washington Township Planning
Board.
[Amended 11-20-2017 by Ord. No. 12-17; 4-15-2019 by Ord. No. 08-19]
B.
The Washington
Township Planning Board shall hold a public hearing on each application
for a soil disturbance permit within 30 days of its receipt by the
Planning Board Secretary.
C.
No later
than 10 days after the public hearing, the Washington Township Planning
Board shall recommend, in writing, to the Township Committee that
the permit applied for be either granted or denied. Any conditions
for approval or the reasons for denial shall be included in the recommendations.
A.
The applicant shall, at least 10 days prior to the
time appointed for the hearing on the application, give notice to
all owners of property situated within or without the township, as
shown by the most recent tax lists of the municipality, whose property
or properties are shown by said lists to be located within 200 feet
of the boundaries of the property which is the subject of said applications.
Such notice shall be given by certified mail, return receipt requested,
to the last known address of the property owner or owners, as shown
by the most recent tax lists of their municipality. Where the owner
is a partnership, service upon any partner as above provided shall
be sufficient, and where the owners are corporations, service upon
any officers, as above set forth, shall be sufficient.
B.
The applicant shall, by affidavit, present satisfactory
proof to the Planning Board at the time of the hearing that said notices
have been duly served as aforesaid. At the hearing, any party may
appear in person or by agent or by attorney.
[Amended 11-21-2011 by Ord. No. 17-11]
[Amended 11-21-2011 by Ord. No. 17-11]
At a regularly scheduled regular meeting of
the Township Committee held not more than 35 days after receipt of
the Planning Board’s recommendation relative to the application
for a soil removal permit, the Township Committee shall by resolution
either grant or deny such application. The resolution shall set forth
any conditions imposed in granting the permit or the reasons for denying
the application therefor.
If a soil disturbance permit is granted, the
owner or person in charge shall so conduct the operations that:
A.
There shall be no sharp declivities, pits or depressions.
B.
The area shall be properly leveled off, cleared of
debris and graded to conform with the contour lines and grades as
approved by the Township Committee.
C.
All operations shall take place only between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and
5:00 p.m. on Saturday.
D.
The top layer of arable soil for a depth of six inches
shall be set aside for retention on the premises, stabilized to prevent
erosion and respread over the premises when the soil disturbance has
been completed, pursuant to levels and contour lines as recommended
by the Planning Board/Board of Adjustment Engineer and approved by
the Township Committee, unless permission to remove such soil shall
be granted by the Township Committee.
[Amended 4-15-2019 by Ord. No. 08-19]
E.
Grass or another cover crop approved by the Planning
Board/Board of Adjustment Engineer capable of retaining and/or stabilizing
soil on any surface which results from subject disturbance shall be
established within a reasonable length of time. A reasonable length
of time shall be considered as 60 days or less and prior to the stabilization
date of October 15 established by the Soil Conservation Service. In
the event that the cover crop shall fail to grow, it shall be replaced
promptly until a successful growth is accomplished.
[Amended 4-15-2019 by Ord. No. 08-19]
[Amended 11-21-2011 by Ord. No. 17-11]
A.
Before
any permit for soil disturbance shall be issued, the owner or applicant
shall file with the Township Committee a performance guarantee in
cash or by letter of credit 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 permit granted according
to the provisions of this chapter.
B.
In no
event shall the guarantee be in an amount less than $1 per cubic yard
of proposed disturbance or $1,000, whichever is greater.
C.
Before
any guarantee shall be released to the permittee, the authorized soil
disturbance must be completed to the approved contours, the permittee
must submit an as-built plan, including contours, prepared by a professional
engineer licensed to practice in the State of New Jersey and any damage
to public and private roadways and other improvements must be repaired
to the satisfaction of the Planning Board/Board of Adjustment Engineer.
[Amended 4-15-2019 by Ord. No. 08-19]
No soil disturbance shall be made under the
provisions of this chapter unless a permit therefor shall have been
first obtained as provided herein, and no soil disturbance shall be
made except in conformity with the provisions of this chapter.
A.
Each applicant shall pay the following fees to the
Clerk for the use of the Township of Washington:
(1)
A filing fee of $100 to be paid at the time of application.
(2)
An escrow review fee in the amount of $1,000 for the
review of the application by the Township Soil Consultant and Planning
Board/Board of Adjustment Engineer and any other professional retained
by the Township or the Planning Board in connection with the application.
The balance of the review fee, if any, shall be refunded to the applicant
at the conclusion of the soil disturbance operation. The escrow fee
deposit shall be administered by the Township in accordance with the
requirements set forth in the Municipal Land Use Law for escrow deposits.
[Amended 11-21-2011 by Ord. No. 17-11; 4-15-2019 by Ord. No. 08-19]
(3)
A permit fee of $0.10 per cubic yard of soil proposed
to be disturbed, with a minimum fee of $100, to be calculated by the
Planning Board/Board of Adjustment Engineer as hereinafter provided
and to be paid upon issuance of the permit, which permit shall be
valid for a period of one year from date of issuance, at which time
application shall be made to the Township Committee for renewal.
[Amended 4-15-2019 by Ord. No. 08-19]
[Amended 4-16-2007 by Ord. No. 9-07]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code. Each and every violation or a 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.
