This section shall be known as the "Soil Fill Ordinance of the
Township of Andover."
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 soil movement operations and
filling operations be reviewed and approved by the Township Zoning
Officer and/or Township Engineer. All 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 Andover, 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 and/or the Township Engineer (minor permit) or by the Township
Land Use Board (major permit) pursuant to the provisions of this chapter.
The Land Use Board of the Township of Andover.
A permit for the fill of more than a cumulative total of
500 cubic yards of soil.
A permit for the fill of more than a cumulative total of
100 cubic yards of soil but less than 500 cubic yards of soil.
A soil fill permit.
Includes an individual, a partnership, a corporation or any
other legal entity.
For the purpose of this chapter, "soil fill" shall include
dirt, stone, gravel, sand, humus, clay, loam and mixtures of any of
these. This shall not include quarry process or rock products utilized
in the construction of roads, driveways or similar types of construction.
Materials such as asphalt, asphalt millings, concrete, bricks and
other inorganic materials shall not be used as soil fill.
The arable soil within eight inches of the surface.
The Township of Andover.
No person shall fill or cause the placement of any soil on any
premises in the Township of Andover, whether such fill be for sale,
gift or otherwise, unless a permit therefor is first secured from
the Township Zoning Official and/or Township Engineer or the Township
Land Use Board as hereinafter provided. A permit shall not be required
for the moving or placement of fill or 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 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 other sections
within this chapter.
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 nurseries and landscaping/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 this
chapter.
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 and/or the Township Engineer 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
the 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 § 138-22, Permit fees; inspection fees. Appropriate copies of the application shall be submitted on forms prescribed by the Township Land Use Board and supplied to the Secretary to the Board.
C.
The application for minor and major 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 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)
Proof that the soil fill materials to be used have 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.
(a)
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.
(b)
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 based to the location of the highest suspected
contaminated concentrations, as determined by the laboratory professional
or his duly assigned representative.
(c)
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.
(d)
The source from where the soil is coming from shall be shown
on the plans, including tax lot and block, owner's name and municipality.
(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 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 and 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.
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 review the application, and
they shall make best efforts to submit their reports and recommendations,
and their reasons, to the Township Land Use Board within 30 days of
receipt of the application. Failure to file such a report within the
required time period may be deemed an approval of the application
by such department, officials and commissions.
A.
The Township Land Use Board shall grant or deny the application within
45 days after receipt of the reports and recommendations of the Zoning
Officer, Construction Official, Township Engineer and Environmental
Commission. On an application for a major soil fill permit, the Land
Use Board shall schedule a public hearing and shall notify the applicant
of the date of such hearing. The applicant shall notify, in writing,
all property owners within 200 feet of the extreme limits of the property,
as their names appear on the Township tax records, at least 10 days
prior to the date of the hearing on the application. The notice shall
be given in person or by registered mail and shall state the reason
for the hearing; the time and place of the hearing as fixed by the
Township Land Use Board; a brief description of the property; and
that a copy of the application and map has been filed with the Township
Clerk for public inspection. The applicant shall also cause notice
of the hearing to be published in the official newspaper of the Township
at least 10 days prior to the date of the hearing.
B.
Five days prior to the hearing, the applicant shall present to the
Township Land Use Board Secretary the following:
In considering and reviewing the application and arriving at
a decision, the Zoning Officer and/or Township Engineer (minor permit)
and the Township Land 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.
A permit shall be issued after the approval of the application
by the Zoning Officer and/or the Township Engineer (minor permit)
or by the Land 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.
A.
The Township Zoning Officer, the Township Police, or other official
designated by the Township Committee shall have the authority to enforce
the provisions of this chapter and to issue summonses to any person
importing soil without a permit.
B.
The Township Engineer, or other official designated by the Township
Committee, shall have the authority to enforce the provisions of this
chapter with respect to persons importing soil with a permit. The
Township Engineer, or other designated official, shall, from time
to time, upon their own initiative, and whenever directed by the Township,
inspect the premises for which permits have been granted to ensure
compliance with the terms of the permit and this chapter. The Township
Engineer, or other designated official, shall have the right to enter
upon any lands for the purpose of examination and inspection of the
operation without advance notice.
C.
After notice and an opportunity to be heard before the Zoning Officer,
Township Engineer, or other designated official, the permit of any
person may be revoked or suspended for such period as may be determined
for any violation of the terms hereof or the terms and conditions
of any permit granted hereunder. In addition to the revocation provided
for herein, any person who violates this chapter or any director or
officer of a corporation who participates in a violation of this chapter
shall, upon conviction thereof, be subject to a minimum fine of $2,000,
or imprisonment for a period not to exceed 90 days, or both. Each
and every day that such violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense.
D.
In addition to the penalties set forth above, the Township shall
have the right, but not the obligation, to pursue injunctive relief
in the Superior Court of New Jersey, Sussex County, including but
not limited to requiring the removal of any soil imported without
a permit, testing to ensure no presence of contaminated soil, and
site restoration.
