This chapter shall be known as the "Soil Fill Ordinance of the
Township of Hardyston."
The Township Council 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
filing 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 Hardyston, 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:
APPROVED PLAN
A plan for the placement of soil fill approved by the Zoning
Official and/or the Township Engineer (minor permit) or by the Township
Planning Board (major permit) pursuant to the provisions of this chapter.
MINOR SOIL FILL PERMIT
A permit for the fill of more than 100 cubic yards of soil
but less than 500 cubic yards of soil.
PERSON
Includes an individual, a partnership, a corporation or any
other legal entity.
SOIL
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.
TOPSOIL
The arable soil within eight inches of the surface.
No person shall fill or cause the placement of any soil on any
premises in the Township of Hardyston, 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
Planning 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.
The application for a major soil fill permit shall be accompanied
by a topographic map or maps prepared and certified by a professional
land surveyor. The scale of said map shall not be more than 100 feet
to the inch and shall include the following:
C. Existing contour lines at not greater than five-foot intervals within
the property and for a minimum distance of 25 feet beyond the limit
of the subject property.
D. Proposed contour lines at not greater than five-foot intervals after
fill of the soil.
E. All existing structures, all existing roads and drainage on the subject
property within 200 feet of the property.
F. Cross section of the area of disturbance showing both the existing
ground level and the proposed ground level when the fill operation
is complete.
G. Calculations, based on the cross sections, showing the amount of
material which will be moved or imported onto the site.
H. Location of any wetlands, wetland buffer areas, streams, or other
environmentally sensitive areas on the property; location of any existing
or proposed topsoil storage areas.
Upon receipt of an application for a major soil fill permit,
the Planning Board Secretary shall forthwith send a copy of same to
the Zoning Officer, Construction Official, and Township Engineer,
who shall review the application, and they shall make best efforts
to submit their reports and recommendations, and their reasons, to
the Township Planning 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 and officials.
In considering and reviewing the application and arriving at
a decision, the Zoning Officer and/or Township Engineer (minor permit)
and the Township Planning 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.
D. Lateral support of abutting streets and lands.
E. Public health and safety.
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 Planning Board (major permit). The approval shall specifically
list the total number of cubic yards of soil authorized to be filled,
with calculations to be reviewed and approved by the Township Engineer
based upon the contour maps submitted and approved.