This chapter shall be known as the "Soil Fill Ordinance of the
Township of Fredon."
The Township Committee finds that the unregulated and uncontrolled
placement and movement of soil and other mineral deposits can result
in conditions detrimental to the public safety, health and general
welfare. Such conditions substantially hamper and deter the efforts
of the Township to effectuate the general purposes of municipal planning.
Soil movement operations and filling operations should relate to the
overall physical development of the area within which the operation
is located. It is essential that all sizable soil movement operations
and filling operations be reviewed and approved by the Township Zoning
Officer. All sizable soil movement operations and filling operations
must be conceived and operated in such a way that there will be no
appreciable harmful effects to the environment. In order to best ensure
that all soil movement operations and filling operations are an asset
to the Township of Fredon, rather than a liability, all such operations
shall adhere to the conditions, restrictions and provisions outlined
in this chapter.
The words defined in this section shall mean and include the
following when used in this chapter:
A plan for the placement of soil fill approved by the Zoning
Official (minor permit) or by the Township Land Use Board (major permit)
pursuant to the provisions of this chapter.
A permit for the fill of 500 cubic yards or more of soil.
A permit for the fill of more than 100 cubic yards but less
than 500 cubic yards of soil.
A soil fill permit.
Includes an individual, a partnership, a corporation or any
other legal entity.
The Land Use Board of the Township of Fredon.
Includes dirt, stone, gravel, sand, humus, clay, loam and
mixtures of any of these, but this shall not include quarry process
or rock products utilized in the construction of roads, driveways
or similar types of construction.
The arable soil within eight inches of the surface.
The Township of Fredon.
No person shall fill or cause the placement of any soil on any
premises in the Township of Fredon, whether such fill be for sale,
gift or otherwise, unless a permit therefor is first secured from
the Township Zoning Officer or the Township Land Use Board as hereinafter
provided. A permit shall not be required for the moving or placement
of fill of less than 100 cubic yards of soil.
A.
The provisions of this chapter shall not apply to excavations or
fill for building foundations, septic tanks or sanitary installations,
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 the Department of Health as required by law.
B.
Nothing in this chapter shall be construed to affect or apply to
any person engaged in the moving of soil in and upon lands enrolled
in the Soil Conservation Program of the Sussex County Soil Conservation
District, Department of Agriculture Soil Conservation Service and
for which lands an approved farm plan has been established by said
agency, provided that all soil moving operations and fill operations
in and upon such lands are performed in accordance with said approved
farm plan and provided further that a copy of said approved farm plan
is placed on file with the Township prior to any soil moving operations
or fill operations.
C.
A separate soil permit under this chapter shall not be required for subdivisions and/or site plans approved pursuant to Chapter 470, Subdivision of Land, of the Code of the Township of Fredon.
D.
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 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 Township
Engineer prior to any soil moving, removal operations or fill operations.
E.
The provisions of this chapter shall not apply to 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 established and does not require site plan approval pursuant to Chapter 470, Subdivision of Land, of the Code of the Township of Fredon.
F.
This chapter does not regulate the movement and placement of soil
fill directly related to agricultural uses on certified commercial
farm properties that have filed for Agricultural Management Practice
Determination with the Sussex County Agriculture Development Board
within the Township of Fredon and does not supersede any rights granted
under the Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
A.
Application for a minor soil fill permit shall be filed with the
Township Zoning Officer who shall issue the permit based upon substantial
compliance with the provisions of this chapter; provided, however,
that the Township Zoning Officer shall have the authority to deny
a permit if he/she determines that the placement of fill would be
detrimental to the health, welfare or safety of the general public.
The denial shall be in writing setting forth reasons for same.
B.
Application for a major soil fill permit shall be filed with the Township Land Use Board and shall be accompanied by a fee prescribed in Chapter 245, Fees. Eighteen copies of the application shall be submitted on forms prescribed by the Township Land Use Board and supplied by the Secretary to the Board.
C.
The applications for minor and major soil fill permits shall set
forth 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 numbers.
(4)
The purpose or reason for placement of soil.
(5)
The nature and quantity, in cubic yards, of soil to be filled.
(6)
The source of material to be used as fill and certification that
the fill can be considered "clean fill" as regulated by local and
state regulations.
(7)
The location to which the soil is to be placed.
(8)
The proposed date of completion of the soil fill.
(9)
Supporting documentation as required to adequately address and comply
with the purpose and the provisions of this chapter.
(10)
An approved soil erosion and sediment control permit (if applicable).
The application for a major soil fill permit shall be accompanied
by a topographic map or maps prepared and certified by a professional
engineer or land surveyor. The scale of said map shall not be more
than 100 feet to the inch and shall include the following:
A.
Key map.
B.
Existing contour lines at five-foot intervals.
C.
Proposed contour lines at five-foot intervals after fill of the soil.
D.
All existing structures, all existing roads and drainage within 200
feet of the property.
E.
Location of all property lines.
F.
Location of any wetlands, streams, or other environmentally sensitive
areas on the property.
G.
Location of any topsoil storage areas.
H.
Soil erosion and sediment control measures.
I.
Cross sections of the fill areas at fifty-foot intervals.
J.
Proof that property taxes are current.
K.
List of property owners and others entitled to notice, as prepared
by the Tax Assessor.
Upon receipt of an application for a major soil fill permit,
the Land Use Board Secretary shall forthwith send a copy of same to
the Zoning Officer, Construction Official, Township Engineer, and
the Environmental Commission, who shall submit reports to the Land
Use Board. An application for a permit shall be complete for purposes
of commencing the applicable time period for action by the Land Use
Board when so certified by the Township Engineer or a review committee
of the Land Use Board. If the application lacks information required
per this section, the Township Engineer or review committee shall
so notify the applicant, in writing, within 45 days of submission
of the application. Upon issuance of a certificate of completion,
a hearing shall be scheduled before the Land Use Board. The applicant
shall provide public notice to all parties entitled to notice in the
form and manner set forth in the Municipal Land Use Law at N.J.S.A.
40:55D-12.
In considering and reviewing the application and arriving at
a decision, the Zoning Officer (minor permit) and the Township Lane
Use Board (major permit) shall be guided by and take into consideration
the public health, safety and general welfare and the general purposes
of municipal planning, and particular consideration shall be given
to the following factors:
A.
Soil erosion by water and sand.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Contours, both existing and proposed.
H.
Existing contours and topographic character of the land prior to
the placement of any soil and proposed contours which will result
subsequent to the placement of soil in accordance with the soil fill
application.
I.
Whether the proposed placement of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed placement of fill constitutes primarily a commercial
activity.
J.
The application shall disclose the address and location from which
the soil of fill materials will be obtained, the owner or representative
of the owner of the premises from which the soil or fill materials
is to be obtained and the kind and quality of soil and fill materials
to be imported.
A permit shall be issued after the approval of the application
by the Zoning Official (minor permit) or by the Township Lane Use
Board (major permit). The approval shall specifically list the total
number of cubic yards of soil authorized to be filled as calculated
by the Township Engineer based upon the contour maps submitted and
approved.
