[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 8-17-1987 by Ord. No. 1987-5.
Amendments noted where applicable.]
No person shall excavate or otherwise remove
soil for sale or for use, other than on the premises from which the
soil shall be taken, without first having procured permission and
approval therefor from the Township Committee of the Township of Chesterfield,
except:
A.
In connection with the construction or alteration
of a building or buildings erected or about to be erected on such
premises and excavation or grading incidental thereto, provided that
the volume of soil to be excavated is less than 100 cubic yards.
B.
In connection with the removal of topsoil that is
incidental to normal production of cultivated sod and nursery crops.
C.
In connection with the construction and maintenance of irrigation systems and retention ponds on premises located within the Township engaged in active farming and agricultural use. Any soil removed for this purpose shall be retained on the premises from which it is removed, stabilized in accordance with accepted soil erosion and control practices and used for the purpose of filling in the retention pond or ponds or irrigation system or any part thereof when the same are no longer utilized or needed for active farming and agricultural purposes. The construction and maintenance of recreation ponds within the Township, whether located on lands used for active farming operations and agricultural uses or otherwise, shall nevertheless be governed by § 166-11 of this chapter.
[Amended 7-14-1988 by Ord. No. 1988-10]
D.
In connection with the construction or alteration
of residential septic systems and the excavation or grading incidental
thereto.
[Added 3-27-1997 by Ord. No. 1997-3]
E.
In connection with the construction or alteration
of a building or buildings erected or about to be erected on such
premises and excavation or grading incidental thereto, where the removal
of the soil is required by an agency or governmental entity of superior
jurisdiction and the soil to be removed is from a county roadway right-of-way
or state highway right-of-way; and in such cases, only subsoil shall
be allowed to be removed, but all topsoil must remain on site unless
formal application to remove same is followed in accordance with this
chapter.
[Added 3-27-1997 by Ord. No. 1997-3]
F.
Any soil disturbance, grading or construction associated
with a plan approved by the Chesterfield Township Planning Board,
Zoning Board of Adjustment, Township Committee or any other municipal
governmental agency having jurisdiction, subject, however, to the
following requirement: that this exemption shall apply only to those
lots upon which residential construction is to take place but will
not apply, for example, to adjoining lots, even if part of an approved
subdivision, which have not been approved for residential construction
on the same.
[Added 3-12-1998 by Ord. No. 1998-1]
G.
Normal farming activities and uses, including, by way of example, production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and the methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, grazing, training of horses and other normal farm animals, and the like; subject, however, to the requirements contained in § 166-1.1 below.
[Added 3-12-1998 by Ord. No. 1998-1]
[Added 3-12-1998 by Ord. No. 1998-1]
Notwithstanding that farming activities and agricultural uses described in § 166-1G above shall be exempt from the formal application requirements of § 166-2 of this chapter, any person, firm or entity planning to excavate or remove soil relating to a farming activity described in § 166-1G shall, nevertheless, be required to comply with the following requirements:
A.
An application shall be filed with the Township Committee,
showing the outbounds of the tract of land from which the soil is
to be excavated and/or removed; describing the exact amount of topsoil,
in cubic yards, to be removed and the area of land from which the
soil is to be excavated (in square feet); the exact nature of the
activities causing the excavation and/or removal of the soil; the
time frame for which the applicant contemplates completion of the
project, including the removal of all such soil; the ultimate destination
of the soil; and the applicant's plans for disposing of the same.
B.
Prior to removing any soil as provided for in this
section, and as a condition to approval of the same by the Township
Committee, the applicant shall be required to dispose of the removed
soil within this Township, whether by sale or exchange, it being the
governing body's intent to ensure that needs for soil by other property
owners within the Township are met as far as practicable by persons
seeking to remove soil from any land otherwise situate in this Township.
In the event that the applicant is unable to dispose of all such soil
within the Township, the applicant shall first be required to return
to the Township Committee and shall explain in detail the efforts
that the applicant made in trying to dispose of the soil within the
Township, and upon a reasonable and acceptable explanation of same,
and after ensuring that all efforts to dispose of the soil within
the municipality have been exhausted, the Township Committee shall
be permitted to authorize disposal of the soil to a point outside
of the municipality.
C.
Notwithstanding the exemption from the formal application requirements of § 166-2 of this chapter, all applicants seeking permission to dispose of soil under this section shall nevertheless be required to satisfy the Township Committee that no soil erosion by water or wind will result from the proposed activity; that the soil should not be removed or deposited so as to create drainage problems on or off the site; that no sharp declivities, pits or depressions shall be created as a result of the activity and that the area of disturbance shall be properly leveled and graded in a manner that is free of debris and suitable for the use anticipated by the applicant; and that no soil contamination with chemicals or materials shall be deposited in any way which will be harmful to the waterways, groundwater, vegetation, live stock, wildlife or citizens of the Township of Chesterfield; and to ensure the same, the Township Committee may require soil tests from a reputable testing laboratory to confirm that there is no harmful contamination.
D.
The activity for which permission shall be sought
shall, as indicated above, be concluded within a reasonable period
of time, taking into account the nature and extent of the activity
proposed. The Township Committee may impose a limit on the time that
the soil should be disturbed and uncovered by vegetation in accordance
with its approval, as it determines may be necessary or appropriate.
A.
Application to the Township Committee. The Township
Committee shall not consider any application for the removal of soil
from the premises for sale or otherwise unless and until the owner
of the premises shall submit the original and 10 copies of a complete
site plan and soil removal application to the Township Clerk at least
30 days prior to the meeting at which the Township Committee will
review and consider the application, together with a map of the premises
and other documents required herein, and the payment of the appropriate
application fee as set forth hereinafter. The map 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 engineer. The site plan shall show or be accompanied by the
following information:
(1)
A key map showing the entire premises and its relation
to surrounding areas.
(2)
The tax map sheet, block and lot number, date, graphic
scale, reference meridian and the following names and addresses:
(3)
The acreage of the premises to the nearest tenth of
an acre.
(4)
Existing contours at two-foot intervals for slopes
averaging 10% or greater and at five-foot intervals for land of lesser
slope, and the proposed contours resulting from the intended removal
of soil in the same scale.
(5)
The location of existing streets, buildings, watercourses,
floodways, wells, railroads, bridges, culverts, drainpipes and any
natural fixtures, such as wooded areas and rock formations, on the
premises and within 200 feet thereof.
(6)
Seasonal high and average groundwater elevations,
inclusive of soil mottling notations, as determined by test borings
following state-approved procedures. The applicant shall also submit
predisturbance surface and groundwater quality monitoring background
data in accordance with state and federal water quality parameters.
B.
Requisites.
(1)
The property from which the soil is removed shall
have a minimum area of 10 acres, as shown on the tax books of the
Township of Chesterfield, and must not be located in a residential
zoning district.
(2)
No excavation shall be made within 100 feet of a public
right-of-way.
(3)
No excavation shall be made within 50 feet of a property
line, 150 feet of existing streams and/or watercourses, 500 feet of
existing public or private water sources or 150 feet of existing or
proposed septic systems.
(4)
Excavations shall not be carried to within four feet
of the seasonal high groundwater level.
(5)
The owner or person in charge shall so conduct the
operation that there shall be no sharp declivities, pits or depressions
and in such manner that the area shall be properly leveled off and
cleared of debris.
(6)
The applicant shall provide assurances of adequate
buffering and maintenance controls for the property, including security
measures, and shall provide information regarding the future use of
the site, during and after excavation and restoration. The Township
Committee shall determine and require such buffering, berming, landscaping,
fencing and security measures as it shall deem necessary and appropriate
to protect the public health, welfare and safety and to create an
attractive and nonoffensive visual environment.
C.
Additional requirements. The applicant shall also
supply the following reports and surveys at the time of filing of
the application:
(1)
Environmental impact statement.
(a)
An environmental impact statement (EIS) prepared
by a qualified environmental expert, and an engineer's certification
that the proposed soil removal operation will have no adverse environmental
impacts and will comply with all local, state and federal laws and
regulations.
(b)
The EIS shall contain an introduction, statement
and analysis of impacts, consideration of alternatives and a listing
of required permits and approvals from other governmental agencies.
(c)
The EIS shall also contain an inventory of elements
addressing the following:
[1]
Location.
[2]
Existing conditions.
[3]
Existing regional conditions.
[4]
Geology and soils.
[5]
Hydrology.
[6]
Vegetation.
[7]
Wildlife.
[8]
Water supply.
[9]
Sewerage facilities.
[10]
Dust impacts.
[11]
Transportation.
[12]
Agricultural impacts.
[13]
Historical and cultural resources.
[14]
Aesthetics.
[15]
Buffers.
[16]
Demographic, social and economic conditions.
[17]
Noise levels and impacts.
[18]
Hours and days of operation.
(d)
The EIS shall further contain a project description
addressing the following:
(e)
The EIS shall address unavoidable adverse environmental
impacts, positive impacts, a complete environmental assessment and
techniques to minimize adverse environmental impacts, with specific
reference to the following:
(2)
An archaeological impact statement by a qualified
and licensed archaeologist.
(3)
A certified statement from the applicant and/or landowner
(if other than the applicant) that the operator of the facility will
supply annual reports (unless more frequent reports are required as
a permit condition) to the Township Committee as to work in progress
and that operations are being conducted in full compliance with all
approvals, statutes and regulations.
D.
Notification and public hearing. The Township Clerk
shall notify the applicant as to the completeness of the application
within 30 days of the date of filing and shall advise the applicant
as to the date of the regular or special meeting at which the Township
Committee will consider the application. The application will be considered
by the Township Committee at a public hearing, in accordance with
standard site plan review procedures governing land use applications.
The applicant shall post, publish and provide notice of public hearing
the same as a site plan review in accordance with N.J.S.A. 40:55D-1
et seq. All site plan review procedures shall apply to soil removal
application reviews, except that the application will be heard and
considered by the Township Committee and not the Planning Board, and
the procedures set forth in the Township's Site Plan Review Ordinance
are herewith adopted by reference and incorporated herein.
E.
Review and approval.
(1)
The Township Committee shall apply such standards
and criteria in considering soil removal applications as govern site
plan reviews by the Planning Board, along with such other criteria
that is deemed appropriate in light of zoning, nuisance and environmental
concerns.
(2)
Further, no permit, approval or permission for soil
removal shall be granted by the Township Committee unless it is satisfied
that the proposed soil removal will not be detrimental to the public
health, safety and general welfare of the Township's inhabitants,
wildlife, habitat and environmental quality, not impair the intent
and purpose of the Township's Master Plan and Zoning Ordinances and
not be detrimental to established neighborhood schemes.
(3)
In arriving at its determination, the Township Committee
shall be guided and take into consideration the following factors
and criteria:
(a)
Soil erosion and sediment control.
(b)
Drainage and flooding.
(c)
Soil fertility.
(d)
Lateral support for slopes and grades of abutting
lands and streets.
(e)
Environmental impacts.
(f)
Archaeological impacts.
(g)
Land values and impacts.
(h)
Neighborhood and community impacts.
(i)
Zoning considerations.
(j)
Planning concerns, as evidenced in the Township's
Master Plan and Land Use Ordinances.
(k)
Such other factors and impacts as may bear upon
and relate to the coordinated, adjusted and harmonious physical development
within the Township.
(l)
Traffic impacts.
(m)
Security and nuisance impacts.
(n)
Surface and ground water impacts.
(4)
The Township Committee may request that the Planning
Board, Environmental Commission or other pertinent official body review
the application, plans and materials submitted and make a recommendation
based thereon to assist the Township Committee in its determination.
(5)
The Township Committee shall condition any approved soil removals that it may grant upon the applicant obtaining approvals from all other governmental agencies having jurisdiction thereover and the applicant posting an acceptable performance guaranty as provided in § 166-4 hereof. The Township Committee may condition any approval for soil removals that it may grant upon such other reasonable restrictions and conditions as it deems necessary and appropriate to protect the general health, welfare and safety of the Township's inhabitants and the environment, including but not limited to fencing, buffering, noise controls, limitations on days and hours of operation, security protection, dust control, flood prevention, traffic routing, ground and surface water quality, monitoring upon such criteria as the Township Committee shall deem appropriate, etc.
A.
If permission to remove the soil shall be granted,
the owner or person in charge shall comply with all conditions of
approval as imposed by the Township Committee and shall so conduct
the operations so that there shall be no sharp declivities, pits or
depressions and 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.
B.
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not remove from the premises the top layer of arable topsoil for a
depth of six inches, but such top layer of arable topsoil to a depth
of six inches shall be set aside and stabilized for retention on the
premises and shall be respread over the premises when the rest of
the soil has been removed, pursuant to levels and contour lines approved
by the Township Committee, except that this section shall not apply
to owners of premises or persons in charge of the removal of the soil
from the premises that is incidental to normal production of cultivated
sod and nursery crops.
C.
The owner of the premises or the person in charge
of the removal of soil shall not permit the use of the premises to
change from that approved by the Township Committee unless approval
from the Township Committee has been obtained as otherwise provided
herein.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Committee a guaranty, in form and with surety acceptable
to the Township, 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 the permission granted by the
Township Committee pursuant to the provisions of this chapter. The
guaranty shall be conditioned upon the repair, at the expense of the
owner, applicant or guarantor, of any street, streets, road or roads,
bridge or bridges and other structures damaged by the transportation
of soil in connection with the application if, in the judgment of
said Township Committee, after hearing on notice to the applicant
or owner, such repairs are deemed necessary.
A.
No excavation shall be made and no soil shall be removed
under the provisions of this chapter unless any required permit therefor
shall have first been obtained as provided herein, and no excavation
shall be made and no soil shall be removed except in conformity with
the provisions of this chapter.
B.
The Township Clerk will issue a permit for the excavation and removal of soil to the applicant upon compliance with terms of this chapter and upon a grant of approval by the Township Committee and satisfaction of all conditions of said approval. Said permit will be effective for a period of three years from the date of issuance. When the excavation and soil removal work has been in continuous operation during the period of the permit and has been performed in accordance with the conditions under which the original permit was granted, said permit may be renewed annually on the anniversary date of the original approval by the Township Committee upon application for renewal from the permittee and upon recommendation from the Township Engineer. With the application for renewal, the permittee shall tender a renewal fee as set forth in § 110-166 to cover the costs of the Township Engineer regarding site inspection and preparation of written reports. The permittee shall also submit a certification that site operations and excavation are in full compliance with the soil removal permit or approval, this chapter and all other ordinances, statutes and regulations governing the operation or use of the lands. The applicant shall pay all engineering and professional fees incurred by the Township as a result of its determination of a permit renewal request if said fees should exceed the permit renewal fee as set forth in § 110-166 as hereinabove provided.
[Amended 3-25-2010 by Ord. No. 2010-4]
C.
The request for renewal shall be made by letter to
the Township Committee at least 60 days before the expiration of the
original permit or any extension thereof. The letter shall state the
name and address of the permittee, the date of issuance of the permit
which is sought to be renewed, the location of the excavating and
soil removal operation within the Township and that the operation
has been continuous, as defined in this chapter.
D.
A continuous operation is one in which the work of
excavating and soil removal is performed on an average of two days
out of every calendar week, weather permitting, during the period
of the permit.
E.
Upon receipt of said extension request, the Township
Engineer shall inspect the subject premises and issue a written report
and recommendation to the Township Committee 30 days prior to date
of official action by the Committee. A copy of the Engineer's report
and recommendation shall be forwarded to the permittee, who shall
be entitled to comment thereon, in writing, prior to the meeting at
which official action may be taken. A public hearing on the permit
extension shall be afforded to the permittee on the extension request,
at his request or at the request of the Township Committee if it deems
the same to be necessary.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting on behalf of
said persons.
Includes those portions or components of the earth commonly
known as "soil," "topsoil," "dirt," "clay," "marl", "earth," whether
fertile or infertile, "sand" or "gravel," or any combinations of them
with each other or with any other common components of the earth's
surface, such as rocks, stones, pebbles or other decomposed vegetative
or animal matters or mineral components of the earth at any level.
A.
At the time of submission of an application for a
soil removal permit pursuant to the terms of this chapter, the applicant
shall submit an application fee in an amount equal to the fee required
for major site plan review. The applicant shall also post and tender
all escrow and engineering inspection costs as required in N.J.S.A.
40:55D-1 et seq. and the Township's Site Plan Ordinance as apply to
major site plan reviews. All fees, escrows and inspections for major
site plan applications shall govern soil removal applications, permits
and inspections.
Any person presently engaged in the business of excavating or otherwise removing soil for sale or for use on premises who has not obtained a permit for the removal of soil prior to the adoption of this chapter, other than on premises from which the soil was taken and as provided in § 166-1 hereof, shall submit an application for a permit to the Township Committee pursuant to the terms of this chapter within 120 days of the date of final adoption and publication.
It shall be the duty of the Building Inspector
to enforce all provisions of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$500 or imprisonment in the county jail for a term not exceeding 90
days, in the discretion of the Magistrate before whom such conviction
shall be had. Each and every violation of and nonconformance with
the provisions of this chapter and each and every day that a violation
continues shall be construed as a separate and distinct offense. All
excavation and site operations shall immediately cease upon issuance
of a written violations notice by the Building Inspector.
[Added 7-14-1988 by Ord. No. 1988-10]
A.
It is the purpose of this legislation to minimize
the impact arising from the construction and maintenance of recreation
ponds within the Township. The governing body believes it to be in
the best interests of the residents of the municipality to establish
regulations relating to the construction and maintenance of said ponds
to avoid health, safety and welfare problems that could be created
by the nuisance aspects of said ponds.
B.
RECREATION POND
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any water impoundment, structure or system which is used
primarily for recreational purposes, such as, though not intended
to be limited to, swimming, boating, fishing, picnic areas, etc. Recreation
ponds are to be distinguished from irrigation ditches used for agricultural
and farming purposes as a means of providing water needed to irrigate
crops.
C.
Submission of plans.
(1)
No recreation pond shall be constructed except where:
(a)
A soil erosion and sediment control plan has
been approved by the Burlington County Soil Conservation District,
if so required by that agency;
(b)
A farm conservation plan has been developed
by the United States Department of Agriculture, Soil Conservation
Service, if required by that agency; or
(c)
In all other cases, such plans have been submitted
to and reviewed by the Township Engineer, which plans shall delineate
site location, soil disposal areas, means of construction and stabilization
in accordance with the standards for soil erosion and sediment control,
as set forth in the technical guidelines of the United States Department
of Agriculture Soil Conservation Service.
(2)
Copies of the plans under Subsection C(1)(a) and (b) above shall be submitted to the Township Committee prior to review by the Soil Conservation Service, whichever applies, so that the Township Committee can comment to the respective agencies. In the event that neither of said agencies' approval is necessary, then the plans must be first approved by the Township Committee before construction can commence unless, if the recreation pond is included within a subdivision or site plan application before either the Township Planning or Zoning Board, then the pond may be approved by that municipal agency after receipt of a written report from the Township Engineer.
D.
Design criteria. All pond designs shall indicate cross sections, depth of pond, spillway and structure details and calculations supporting the design requirements. All pond embankments shall be suitably constructed to ensure stable support; and embankments shall be compacted to meet the normally accepted requirements for compaction of earth embankments. Said pond designs shall be reviewed pursuant to § 166-11C above. All topsoil shall remain on site and stabilized to prevent erosion. Consideration must be given to the aesthetic appearance of the spoil material in order that properly graded material blends into the surrounding landscape. Any soil removed from the property must comply with this chapter.
E.
Escrow fees. All plan submissions shall be accompanied
by cash, check or money order in the amount of $250, which moneys
shall be held in escrow by the Township and are designed to pay the
costs of professionals utilized by the reviewing agency to review
and make recommendations on the pond applications.
F.
Applicants must also obtain all other necessary permits,
including but not limited to wetlands, stream encroachment, soil erosion,
mosquito commission, etc., from each and every applicable state, local
and federal agency.
