This chapter shall be entitled "Removal and Importation of Soil
and Fill Materials."
To regulate and control the removal of soil from Township properties,
and to regulate and control the importation of soil and fill materials
into, and the placement within, Township properties, for the protection
of the environment and public health, safety, and general welfare.
The provisions of this chapter shall apply to all lands in the Township
except those owned by a governmental entity.
This Chapter
57B adopts the definitions as set forth in Chapter
57A, unless the word or words are specifically defined in this §
57B-4.
In addition, as used in this chapter, the following terms shall
have the meanings indicated:
FILL
Soil and any other material, whether natural or manufactured,
put into a depression or hole in the ground or used to create mounds
or otherwise artificially change the grade or elevation of real property.
In no instance shall fill be comprised of construction debris, trash,
vegetative debris, or other forms of waste.
MILLINGS
Recycled asphalt pavement ("RAP").
RECYCLED ASPHALT PAVEMENT ("RAP")
Asphalt millings (the material produced from the milling
of roads before repaving) and pieces of asphaltic roadway pavement
removed from the roadway surface or subbase, or from other asphalt-paved
surfaces such as parking lots.
SOIL
Includes dirt, stone, gravel, sand, humus, clay, loam, and
mixtures of any of these, but shall not include quarry process or
rock products utilized in the construction of roads, driveways, or
similar types of construction.
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 from the appropriate municipal
agency or official. No person shall import into any premises in the
Township soil or fill, whether such materials be for sale, gift, or
otherwise, unless permission is secured from the appropriate municipal
agency or official.
Recycled asphalt pavement ("RAP"), also known as "millings,"
are not to be used on any property except in accordance with regulations
promulgated by the New Jersey Department of Environmental Protection.
See "NJDEP Recycled Asphalt Pavement and Asphalt Millings (RAP) Reuse
Guidance," Version 1.0 published in March 2013. RAP shall not be deposited
on any roadway, including the full width of right-of-way.
In no instance can material imported for deposit on property
within the Township be comprised of construction debris, trash, vegetative
debris, or other forms of waste.
Pursuant to permission to be granted by the owner or applicant
in its application, the municipal Zoning Officer and municipal Engineer
shall have the right to enter upon the subject property for the purpose
of inspection of the operation and the testing of material on the
property without advance notice. All professional fees and testing
expenses are chargeable to the owner or applicant.
A first-time violation of this chapter shall subject the violator
to a fine of up to $2,000. Second-time and subsequent violations shall
subject the violator to a fine of up to $2,000 and/or imprisonment
for a period of up to 90 days and/or a period of community service
not exceeding 90 days, per N.J.S.A. 40:49-5. 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.