[Ord. 12/30/71, § 1;
amended 5-21-2019 by Ord. No. 2019-08; 2-18-2020 by Ord. No. 2020-04]
This chapter shall be known as the "Soil Importation and Removal
Ordinance of the Township of Lafayette."
[Ord. 12/30/71, § 2,
3, 4; Ord. 4/13/71, § 4; Ord. 12/30/71; Ord. 5/25/82; amended 5-21-2019 by Ord. No. 2019-08; 2-18-2020 by Ord. No. 2020-04]
As used in this chapter, the following terms shall have the
meanings indicated:
Non-water-soluble, nondecomposable, inert solids, such as
oil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete,
brick, glass, and/or clay or ceramic products, free of construction/demolition
debris, garbage, refuse, or sludge and not containing concentrations
of one or more contaminants that exceed the New Jersey Department
of Environmental Protection (NJDEP) Residential Direct Contact Soil
Remediation Standards or Non-Residential Direct Contact Soil Remediation
Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D,
Remediation Standards.
The property owner requesting a soil importation and/or a
soil removal permit as provided for in this chapter.
Mixed waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures that includes, but is not
limited to, treated and untreated wood scrap; tree parts, tree stumps
and brush; plaster and wallboard; roofing materials; corrugated cardboard
and miscellaneous paper; ferrous and nonferrous metal; non-asbestos
building insulation; plastic scrap; carpets and padding; and other
miscellaneous materials.
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Non-residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D, Remediation Standards.
All soil moving activities that do not involve either removal
or importation from land situate in the Township.
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. Fill usually consists
of soil, but may also include non-water-soluble, non-decomposable,
inert solids, such as rock, gravel, brick, block, concrete, glass,
and/or clay or ceramic products or any combination thereof.
A permit for the moving of 250 cubic yards or more of soil.
A permit for the moving of more than 100 cubic yards of soil
up to 250 cubic yards. Any soil movement of less than 100 cubic yards
shall not require a permit.
One or more contiguous parcels of land in single ownership.
For the purposes of this chapter, "soil" shall mean both
soil and subsoil, rock, sand, humus, clay and a mixture thereof, and
asphalt millings. Excluded material shall be quarry process, and rock
products to be utilized in the construction of roads and driveways.
As defined in the Technical Requirements for Site Remediation
(Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken
at a contaminated site as may be required by the Department, including,
without limitation, removal, treatment measures, containment, transportation,
securing, or other engineering or institutional controls, whether
to an unrestricted use or otherwise, designed to ensure that any contaminant
is remediated in compliance with the applicable remediation standards.
A remedial action continues as long as an engineering control or an
institutional control is needed to protect the public health and safety
and the environment, and until all unrestricted use remediation standards
are met.
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8,
all necessary actions to investigate and cleanup or respond to any
known, suspected, or threatened discharge, including, as necessary,
the preliminary assessment, site investigation, remedial investigation
and remedial action; provided, however, that "remediation" or "remediate"
shall not include the payment of compensation for damage to, or loss
of, natural resources.
The transporting of soil onto any premises in the Township
from elsewhere.
The transporting of any soil from any premises in the Township
for use elsewhere.
The person designated by the Township to review all major
soil moving applications.
The person designated by the Township with jurisdiction to
review all minor soil removal applications and exemptions from the
permit requirements under this chapter.
[Ord. 4/13/71, § 5;
amended 5-21-2019 by Ord. No. 2019-08; 2-18-2020 by Ord. No. 2020-04]
a.
No person shall deposit or place acceptable soil/fill material as
defined herein, or cause, allow, or permit acceptable soil/fill to
be placed on any property in the Township of Lafayette, unless a permit
is issued by the Township and any other applicable county, state or
federal approval(s) or permit(s).
b.
Unless otherwise exempt under this chapter, no permit shall be issued
unless:
1.
The applicant submits proof that the soil/fill material has been
tested consistent with Municipality's requirements and/or that of
the County of Sussex or State of New Jersey, whichever is more stringent;
2.
The soil/fill meets the definition of acceptable soil/fill; and
3.
The application otherwise conforms with the standards of this chapter.
c.
No person shall be permitted to engage in the removal of soil/fill
material from any property in the Township of Lafayette, unless a
permit is obtained pursuant to this section.
[Ord. 4/13/71, § 6;
amended 5-21-2019 by Ord. No. 2019-08; 2-18-2020 by Ord. No. 2020-04]
An applicant is not required to obtain a permit under this chapter
for the following:
a.
Removal of less than 100 cubic yards.
b.
Spreading of topsoil for a lawn, provided that there is not a buildup
of more than five inches and the areas filled are within the property
line.
c.
Filling of holes left by rock or tree stump removal.
d.
Filling of sunken backfill areas, provided that such filling does
not take place more than two years after the completion of the original
backfill.
e.
Importation of less than 100 cubic yards, provided that the change
in elevation is no more than two feet at any point and the source
of fill material is identified and approved by the Zoning Officer.
f.
Cut and fill operations over an area less than 500 square feet that
result in no more than a two-foot change in elevation at any point.
g.
Excavations and/or fill for buildings, foundations, septic tanks
or sanitary installations, provided that no work shall be performed
until the issuance of a permit by the Zoning Officer and/or Department
of Health.
h.
Excavation for foundations or swimming pools where the grade is no
more than 15%.
i.
Soil imported from any licensed quarry.
j.
Those cases where a final site plan or final subdivision (major or
minor) has been granted by the Land Use Board.
k.
Acceptable soil/fill material being moved from one section of an
owner's property to another section of the same property.
l.
Notwithstanding an exception, all work shall be performed in accordance
with the standards for soil erosion and sediment control as regulated
by the State of New Jersey and the County of Sussex Soil Conservation
District requirements.
[Ord. 12/30/71, § 7;
amended 5-21-2019 by Ord. No. 2019-08; amended 10-15-2019 by Ord. No. 2019-17; 2-18-2020 by Ord. No. 2020-04]
a.
Where a permit for soil moving is required, the owner of the premises,
lessee or a duly authorized representative of the property owner shall
first file with the Zoning Officer an application in the form attached
requesting such permission, together with a map of the premises, in
duplicate, showing existing and proposed finished grade contour lines.
The map shall also show the present and proposed topography of the
premises in relation to the location and elevation of all abutting
streets and adjoining properties. If buildings are to be constructed,
their location shall be shown and elevation sketches shall be provided.
The source of fill material must be identified, including the name
and address of the supplier.
b.
In the case of a major soil moving permit, plans shall be prepared
by a New Jersey licensed professional engineer or other qualified
professional. For a minor soil moving permit, the Zoning Officer may
require such preparation if he deems the plans as submitted to be
inadequate.
[Ord. 4/13/71, § 8;
amended 5-21-2019 by Ord. No. 2019-08; amended 10-15-2019 by Ord. No. 2019-17; 2-18-2020 by Ord. No. 2020-04; 4-20-2021 by Ord. No. 2021-10]
a.
Application review by Zoning Officer. Within 10 days of receipt of
the application and attachments, the Zoning Officer shall notify the
Township Engineer, the Township Clerk and the designated representative
of the Township Committee. In the event of a minor soil moving permit,
the Zoning Officer shall inspect the site and issue a written report
to the designated representative of the Township Committee. In the
event of a major soil moving permit, the Township Engineer shall inspect
the site and issue a written report to the designated representative
of the Township Committee within 10 days of his receipt of a complete
application.
b.
Minor soil moving permit. In cases involving a minor soil moving
permit, the Zoning Officer shall make a written report to the Township
Committee within 10 days of his receipt of a complete application,
and shall either issue or deny a permit after the review by the Township
Committee five days thereafter.
c.
Major soil moving permit. Within 10 days of receipt of an application
and attachments, the Township Engineer shall issue a written report
to the designated representative of the Township Committee and Township
Clerk. If a majority of the Township Committee requires a public hearing
to consider the application, the applicant shall provide notice to
property owners within 200 feet of the subject property, without newspaper
notice. If approved, the Township Committee shall require a performance
bond and/or a restoration bond in the amount set by the Township Engineer.
d.
The matter shall be placed on the agenda of the Township Committee
as a priority matter after proper notice.
e.
The fee for both a minor or major soil placement permit, which fees
may be amended from time to time, shall be:
|
Soil Placement Permit Fees
| ||
|
Application Fee
|
Escrow Fee
| |
|
Minor Soil Moving
|
$150
|
N/A
|
|
Major Soil Moving
|
$250
|
$2,000
|
[Ord. 4/13/71, § 9;
amended 5-21-2019 by Ord. No. 2019-08; 2-18-2020 by Ord. No. 2020-04]
In considering an application, the Township Engineer or the
Zoning Officer shall be guided by and shall take into consideration
the following factors:
a.
Soil erosion by wind and water.
b.
Drainage. No steep slopes, cuts or pits shall be formed.
c.
Water runoff. No increase in the quantity or velocity of stormwater
emanating from the land.
d.
Soil fertility.
e.
A landscaping plan. Provision shall be included for protection of
the vegetation that is to be retained both on and off the site, with
the understanding that disturbing or covering soil within the dripline
of a tree may have a negative effect on the health of that tree.
f.
Lateral support slopes and grades of abutting streets and lands.
g.
Adequacy of buffering from the surrounding properties, impact both
visually and environmentally on surrounding properties.
h.
Public health and safety.
i.
Impact on quality of groundwater and/or surface water.
j.
Existing contours and topographic character of the land prior to
the placement of any soil/fill and proposed contours which will result
after the placement of soil/fill in accordance with the application.
k.
Truck traffic, including the route of delivery, noise and hours of
delivery so as not to interfere with school bus traffic or property
owners within the vicinity of the property.
l.
Cover. Fill shall be covered with clean arable soil or, in the case
of a driveway, with stones or gravel.
m.
Land values and uses.
n.
Written approval of the application by the owner of the property,
if the applicant is other than the owner.
o.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
p.
Additional consideration shall be given cases involving premises
that, by virtue of their nature, location and other characteristics,
are suitable for, and capable of, major subdivision under the appropriate
ordinances and statutes. The Township Engineer, Zoning Officer and
Township Committee shall review all applications in light of this
section, as well as sound planning considerations, zoning requirements,
the Master Plan, any pending subdivision application and the nature
of the surrounding terrain and proposed contours.
q.
Comments and recommendations of the municipal Engineer.
r.
In the case of imported soil to be utilized as fill, proof that the
material to be installed, prior to installation, has been tested and
found to be in conformance with the Soil Ranking Criteria found in
N.J.A.C. 7:26D, Appendix 1, Table 1A.
1.
Proof under this section shall be a letter from a laboratory certified
by the state to perform soil analysis, stating that results meet or
exceed the standards set forth in N.J.A.C. 7:26D, Appendix 1, Table
1A, and such other State, county, or municipal standards in effect
at the time of testing, along with the actual test results.
2.
A minimum of two samples are to be extracted from the source for
laboratory analysis for each 1,000 cubic yard lot, or fraction thereof.
Samples are to be extracted, tested, and evaluated by a state certified
laboratory. Samples must be biased to the location of the highest
suspected contaminated concentrations, as determined by the laboratory
professional or his duly assigned representative.
3.
Natural material obtained from a quarry shall be exempt from the
testing criteria; however, a receipt from the quarry with the material
amount is required.
4.
Source from where the soil is coming from to be shown on the plans,
including tax lot and block; owner's name and municipality.
5.
The location to which the soil is to be placed.
6.
The proposed date of completion of the soil fill.
7.
Additional supporting documentation as requested by the Township
Engineer/Zoning Officer/ to adequately address and comply with the
purpose and the provisions of this chapter.
8.
An approved soil erosion and sediment control permit (if applicable).
s.
Any material that is temporarily stored shall not exceed a height
of 15 feet, and the maximum slope shall be not more than 45º.
t.
All work shall be performed in accordance with the standards for
soil erosion and sediment control as regulated by the State of New
Jersey and the Sussex County Soil Conservation District requirements.
[Added 5-21-2019 by Ord.
No. 2019-08; amended 2-18-2020 by Ord. No. 2020-04]
a.
If, after considering the application and all maps, reports and other
documents or evidence, the Township Engineer or Zoning Officer determines
that the proposed soil moving operation will not adversely affect
the public health, safety or general welfare, a permit shall be granted
to the applicant and shall include a reasonable time limit for completion
of the operation.
b.
In granting permits under this section, the Township Engineer or
Zoning Officer shall have the power to condition the permit upon compliance
by the applicant with such terms and conditions as may be deemed necessary
or advisable to effect the provisions and intent of this section.
Such conditions may include the requirement of as-built plans.
[Added 5-21-2019 by Ord.
No. 2019-08; amended 2-18-2020 by Ord. No. 2020-04]
a.
Before a major soil moving permit shall be effective, the applicant
shall file with the Township Committee a performance and/or a restoration
bond, conditioned upon full compliance with all of the terms and conditions
of approval, including the provisions of this chapter. The amount
of such bond shall be fixed by the Township Committee, upon recommendation
of the Township Engineer. The bond shall be in the form of cash or
a surety bond in a form and with surety acceptable to the Township
Attorney.
b.
Where a surety bond is given, the Township Committee shall have the
right to demand a cash bond equal to 10% of the total amount, it being
understood that, in the event of default, the cash deposit shall be
resorted to first by the Township in pursuing its remedies.
c.
Restoration of area.
1.
Upon completion of any operation delineated on the approved plan,
said area shall be permanently stabilized and maintained. A final
map for all major soil fill permits shall be submitted containing
and complying with all requirements as set forth in this chapter.
2.
No machinery or equipment or debris may be stored in any area, and
no safety hazards shall be permitted either during or after the completion
of operations.
[Added 5-21-2019 by Ord.
No. 2019-08; amended 2-18-2020 by Ord. No. 2020-04]
If permission for soil moving is granted, the owner and/or lessee
shall bear responsibility for insuring that the operation is so conducted
that:
a.
There shall be no sharp downward slopes (declivities), pits or depressions.
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
Engineer or Zoning Officer.
b.
There shall be no damage to or littering of roads or other Township
property or private property in the Township.
c.
The top layer of arable soil to a depth of six inches shall not be
taken away. This soil shall be set aside for retention on the premises
and shall be respread, consistent with approved levels and contour
lines, when the rest of the soil has been properly graded. Nothing
herein shall preclude the removal of nonarable soil and replacement
thereof with arable soil to a depth of no less than six inches.
[Added 5-21-2019 by Ord.
No. 2019-08; amended 2-18-2020 by Ord. No. 2020-04]
a.
The Zoning Officer or Township Engineer shall have the authority
to enforce the provisions of this chapter and to issue summonses and
stop-work orders to any person importing soil without a permit. An
initial violation of this chapter shall be subject to a fine of up
to $2,000, or in an amount permitted by N.J.S.A. 40:49-5 on the date
of the violation, whichever amount is greater. Each day that a violation
continues or exists shall be considered a separate and specific violation
to any hearing or legal proceeding before the appropriate municipal
court or administrative agency.
[Amended 9-6-2022 by Ord. No. 2022-07]
b.
The Township Engineer is designated as the official whose duty it
shall be to enforce the provisions of this chapter with respect to
persons importing soil with a permit. The Township Engineer shall,
from time to time, on his/her own initiative, or as directed by the
Township Committee, inspect the property for which permits have been
granted to insure compliance with the terms of the permit and this
chapter. The Township Engineer shall have the right to enter upon
any property for the purposes of examination and inspection of the
operation without advance notice. In addition to the imposition of
any fine and pending a court hearing or disposition and in light of
any material breach of this chapter, the Township shall be entitled
to an injunction issued by any court of competent jurisdiction restraining
a violation of this chapter. The right to an injunction is cumulative
and is in addition to any hearing or legal proceeding before the appropriate
municipal court, or administrative agency.
c.
The permit of any person may be revoked or suspended for up to 30
days if in the opinion of the Township Engineer a violation of the
permit has occurred. Within the thirty-day period, the applicant shall
be entitled to a hearing before the Township Committee to determine
whether the suspension should be lifted and/or extended.
d.
The Zoning Officer or Township Engineer shall have the right to issue a summons to be heard in the municipal court designated by the Township from time to time for hearing such violations. The municipal court may issue such fines consistent with Subsection a of this section or for the person in violation to be imprisoned for a term not to exceed 10 days, or both such fine and imprisonment at the direction of the municipal court. In the event of a contested proceeding in a municipal court and/or any other upper court that may have jurisdiction of this matter, upon order of that court, the violator shall pay all costs associated with analytical testing, remediation, removal and proper disposal of soil/fill material determined to not be in compliance with the definition of acceptable soil/fill in this chapter. All such fines and impositions shall constitute a lien against the violator's real and personal property.
[Added 2-18-2020 by Ord. No. 2020-04[1]]
The applicant receiving a permit pursuant to this chapter shall comply with all conditions set forth in the permit. Submitting false information or noncompliance with a permit may subject the applicant receiving a permit to a penalty pursuant to § 10-11 above and/or suspension or revocation of such a permit.
[Added 5-21-2019 by Ord.
No. 2019-08; amended 2-18-2020 by Ord. No. 2020-04]
Nothing herein shall exempt the applicant from any applicable
provisions of other local, state and federal law.
a.
All ordinances or parts of ordinances or resolutions inconsistent
or in conflict with the provisions of this chapter are hereby repealed
in their entirety.
b.
If any provision of this chapter or the application of this chapter
to any person or circumstances is held invalid, the remainder of this
chapter shall not be affected and shall remain in full force and effect.
c.
That a copy of this chapter by the Township Clerk, together with
a certified copy of the proof of publication thereof, shall be filed
in the proper County Office according to law.
d.
This chapter shall take effect immediately after final passage and
publication in the manner provided by law.
