[1]
Editor's Note: Ord. No. 2022-19, adopted 6-14-2022, provided
that former Ch. 23, Soil Removal, be retitled to "Soil Regulations."
[1976 Code § 67-1; Ord. No. 32-83]
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,
except in connection with the construction or alteration of a building,
subdivision or installation of a swimming pool, tennis court or septic
tank on such premises and excavation or grading incidental thereto,
without first having procured permission therefrom from the Township
Committee, Township Engineer or Township Construction Code Official,
as appropriate.
[1976 Code § 67-2]
The Township Committee shall not consider any application for
removal of soil from the premises for sale or otherwise unless and
until the owner of the premises shall first file with the Township
Clerk an application requesting such permission, together with a map
of the premises showing the contour lines and proposed contour grades
resulting from such intended removal of soil in relation to the topography
of the premises, and the proposed contour lines and proposed grades
shall be subject to the inspection and approval of the Township Committee.
At the time of filing, a fee of $20 shall be paid to the Township
Clerk to cover the costs and expenses of the Township. No such permission
for soil removal shall be issued until such map has been filed and
until the proposed contour lines and grades have been approved by
the Township Committee.
[1976 Code § 67-3]
a.
Upon written request for a hearing made by the applicant to the Township
Committee, an opportunity to be heard shall be granted within 30 days
thereafter, and the Township Committee, in considering and reviewing
the application and in arriving at its decision, shall be guided by
and take into consideration the public health, safety and general
welfare, and particular consideration shall be given to the following
factors:
b.
If after examining the application and the map provided for in Section 23-2, and after the hearing in the event a hearing is requested by the applicant, the Township Committee shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. Such permission shall be effective for a period of time to be determined by the Township Committee.
[1976 Code § 67-4]
If permission to remove the soil shall be granted, the owner
or person in charge shall so conduct the operations 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 with the contour lines and grades as approved by
the Township Committee.
[1976 Code § 67-5]
The owner of the premises or the person in charge of the removal
of soil, when permission has been duly granted, shall not take away
the top layer of arable soil for a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside 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.
[1976 Code § 67-6]
Before any permit or permission for soil removal shall be granted
or issued, the owner or applicant shall file with the Township Committee
a bond, in form and with surety acceptable to the Township of Holmdel,
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.
[1976 Code § 67-7]
No excavation shall be made and no soil shall be removed under
the provisions of this chapter unless a permit therefor shall have
been first 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.
[1976 Code § 67-8]
For the purpose of administering and enforcing this chapter,
any duly authorized officer, agent or employee of the Township shall
have the right to enter into and upon any lands in or upon which soil-moving
operations are being conducted, to examine and inspect such lands.
[1976 Code § 67-9]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter.
[1976 Code § 67-9.1; Ord. No. 32-83]
The Township Engineer may authorize the removal of soil from premises in conjunction with construction, excavation or installation of improvements that are being performed as part of an approved subdivision or site plan. The Township Engineer will have the authority to request the information required under Sections 23-2 and 23-3, in his discretion, if he determines that sufficient information was not obtained during the approval process for the subdivision or site plan.
[1976 Code § 67-9.1; Ord. No. 32-83]
The Construction Code Official may authorize the removal of
soil from premises in conjunction with the installation of swimming
pools, tennis courts and septic tanks. The Construction Code Official
shall indicate on the permit issued the amount of dirt that may be
removed from the site.
[1976 Code § 67-9.1; Ord. No. 32-83]
Any individual removing soil from property must have in his
or her possession a copy of the specific written approval issued by
the Township Committee, Township Engineer or Township Construction
Code Official. Failure to have such written authorization in his or
her possession shall result in an immediate order to cease removal
of soil.
[1976 Code § 67-9.1; Ord. No. 32-83]
Any person, firm or corporation found guilty in the Municipal Court of the Township of Holmdel of a violation of the terms of this section shall, upon conviction, be liable to the penalty established in Chapter I, Section 1-5.
[Added 6-14-2022 by Ord.
No. 2022-19]
a.
The purpose of this article is to manage the importation and deposition
of soil/fill to protect the safety, public health, and general welfare
of the community and the environment. The adoption and enforcement
of this article does not exempt an applicant from other required local,
state or federal approvals or local soil conservation district requirements
regarding the acceptability and placement of soil/fill materials.
b.
This article does not apply to soil/fill imported for the purposes
of remediation pursuant to the Administrative Requirements for the
Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C) and Technical
Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or
closure of sanitary landfills (N.J.A.C. 7:26), or dredge repository
sites approved by state or federal agencies.
[Added 6-14-2022 by Ord.
No. 2022-19]
For purposes of this article, the terms used herein are defined
as follows:
Non-water-soluble, nondecomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete,
brick, glass, and/or clay or ceramic products, no greater than four
inches in size in any dimension, free of construction/demolition debris,
garbage, refuse, or sludge and not containing concentrations of one
or more contaminants that exceed the DEP's 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, and/or the property owners' representative
or developer requesting a soil importation permit as provided for
in this article.
Mixed-waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures, including, but 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; nonasbestos
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.
Sediments removed from under a body of water, such as, but
not limited to, a bay, harbor, lake, stream and river, removed during
a dredging operation that are displaced or removed to another location.
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, nondecomposable,
inert solids, such as rock, gravel, brick, block, concrete, glass,
and/or clay or ceramic products or any combination thereof.
The official document issued by the Township of Holmdel approving
the soil importation application.
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
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.
All actions to investigate, clean up, or respond to any known,
suspected, or threatened discharge of contaminants, including the
preliminary assessment, site investigation, remedial investigation,
and remedial action, or any portion thereof; provided, however, that
"remediation" or "remediate" shall not include the payment of compensation
for damage to, or loss of, natural resources.
[Added 6-14-2022 by Ord.
No. 2022-19]
a.
No person shall deposit or place soil/fill material, or cause, allow,
or permit soil/fill to be placed on any property in the Township of
Holmdel unless a permit is issued by the Township and any other applicable
county, state or federal approval(s) or permit(s).
b.
No permit under this article shall be required for any development
requiring Planning Board or Zoning Board of Adjustment approval, provided
the approval contains a condition requiring compliance with the applicable
standards of this article.
c.
The Planning Board or Zoning Board of Adjustment may incorporate
soil/fill standards into its land use review/approval process.
d.
No soil or fill material shall be deposited on a site that does not
have a condition in its land use approval requiring compliance with
applicable county, state, and/or federal soil regulations.
e.
Unless otherwise exempt, no permit shall be issued unless:
[Added 6-14-2022 by Ord.
No. 2022-19]
A person is not required to obtain a permit under this article
for the following:
a.
Minor filling associated with landscaping activities at any property
where up to 15 cubic yards, or as otherwise allowed by the New Jersey
Department of Environmental Protection under applicable regulations,
per year of acceptable soil/fill material is being deposited.
b.
Fill for septic installation and/or repair certified to be such by
a licensed New Jersey professional engineer; or approved by the local
health agency.
c.
Virgin quarry products, including, but not limited to, rock, stone,
gravel, sand, clay and other mined natural products, where up to 15
cubic yards, or as otherwise allowed by the New Jersey Department
of Environmental Protection under applicable regulations, per year.
d.
Acceptable soil/fill material being moved from one section of an
owner's property to another section of the same property.
e.
Soil/fill imported to or moved within a properly licensed Class B
recycling facility.
f.
Acceptable soil/fill moved from a properly licensed Class B recycling
facility.
g.
Public Works' projects conducted or contracted for by a public
entity or utility regulated by the Board of Public Utilities provided
the soil/fill material meets the definition of acceptable soil/fill.
[Added 6-14-2022 by Ord.
No. 2022-19]
The property owner receiving the soil/fill material is responsible
for obtaining the permit.
[Added 6-14-2022 by Ord.
No. 2022-19]
Each permit issued under the terms of this article shall be
valid only for the location(s) and soil/fill material described therein
and shall be valid for the duration of the project specified in the
permit application.
[Added 6-14-2022 by Ord.
No. 2022-19]
The procedure to apply for a soil/fill importation permit shall
be as follows:
a.
All applications for soil/fill importation permits shall be filed
with the Construction Official who shall administer the applications
and permits.
b.
An application fee, in the amount of $500, along with an initial
escrow of $1,500, is required at the time of application. The escrow
shall address the costs associated with the review of the application
and for any field monitoring inspections, as applicable. Additional
escrow will be required when the initial escrow is depleted below
$500. At the discretion of the Construction Official, this escrow
may be waived.
c.
The application shall include Form SI-1 Acceptable Soil/Fill Material
Certification Form (attached as Exhibit A) to be completed as follows:
1.
By the soil/fill material supplier:
(a)
Part 1: The date the form is completed, the soil/fill supplier's
name, title, company name, address, telephone number, and email contact
information.
(b)
Part 2: The site name(s), address(es), and block/lot of the
property(ies) supplying the soil/fill material.
(c)
Brief history of the source property(ies), including current
or past use of the property.
(d)
Answers to questions 1 through 3.
(e)
If applicable, the date soil/fill material was subject to analytical
testing in accordance with applicable requirements of the New Jersey
Department of Environmental Protection's guidance entitled "Fill
Material Guidance for Site Remediation Program (SRP) Sites, Section
6.2" If analytical testing was not conducted, justification for making
a determination that the soil/fill is acceptable without having analytical
results.
(f)
Certification (signature) from the soil/fill supplier that the
soil/fill being imported meets the definition of acceptable soil/fill.
2.
By the person receiving or placing acceptable soil/fill material:
(a)
Part 3: The date the form is completed, the name, title, company
name, address, telephone number, and email contact information.
(b)
The address of the location where soil/fill placement will be
placed.
(c)
Answers to questions 1 through 5.
(d)
Certification (signature) from the person receiving or placing
the soil/fill material.
[Added 6-14-2022 by Ord.
No. 2022-19]
Within 30 days after receipt of a complete application, the
Township shall review the application and either approve, conditionally
approve or deny the application.
[Added 6-14-2022 by Ord.
No. 2022-19]
Whenever an application for a permit is denied, the applicant
may appeal the denial to the municipal governing body by filing a
written notice of appeal with the Township Clerk within 30 days after
receiving written notice of the denial of such application. The municipal
governing body shall thereafter hold a public hearing within 60 days
on the matter in accordance with rules or procedures to be established
by the municipal governing authority and may modify, affirm or reverse
the decision.
[Added 6-14-2022 by Ord.
No. 2022-19]
a.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction of same, be subject to a fine
of not less than $100 nor more than $1,000 for a first offense or
imprisonment for a term not to exceed 90 days (which may, in the discretion
of the judge, include hours dedicated to community service), or both.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and may be punishable as such.
b.
Any person violating or failing to comply with any of the provisions
of this article shall, upon a second conviction thereof within five
years from a first conviction for violation of this article, be subject
to a fine of not less than $200 nor more than $2,000 or by imprisonment
for a term not to exceed 120 days (which may include hours dedicated
to community service in the discretion of the judge), or both.
c.
Upon a third or subsequent conviction, the violator shall be subject
to a fine of not less than $300 nor more than $3,500 or imprisonment
for a term not to exceed 180 days (which may include hours dedicated
to community service in the discretion of the judge), or both.
d.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and may be punishable as such.
e.
Upon order of the court, the violator shall pay all costs associated
with analytical testing, remediation, removal and proper disposal
of soil/fill material determined to not to comply with the definition
of acceptable soil/fill.
[Added 6-14-2022 by Ord.
No. 2022-19]
The person receiving a permit pursuant to this article shall comply with all conditions set forth in the permit. Submitting false information or noncompliance with a permit may subject the person receiving a permit to a penalty pursuant to § 23-23 above and/or suspension or revocation of such a permit.
