[Ord. #91-07; Ord. #2004-09; Ord. #2010-02; amended in its
entirety 5-9-2019 by Ord. No. 2019-04]
This section shall be known and may be cited as "Wantage Township
Soil Importing and Exporting."
As used in this section, the following terms shall have the
meanings indicated:
Shall mean and include dirt, stone, gravel, sand, humus,
clay, loam, and mixtures of any of the these, but this shall not include
quarry process, consolidated material, rock products, or refer to
the quarrying of rocks utilized in the construction of roads, driveways
or similar types of construction.
No application for a permit shall be made, pursuant to this
section, until a use variance approval has been obtained from the
land use board, or land use approval received from the land use board,
except as otherwise provided in Subsection 23-1.6.
This section shall be known as the "Soil Importing and Exporting
Ordinance of the Township of Wantage."
The Township Committee finds that the unregulated and uncontrolled
placement and movement of soil and other mineral deposits may 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. The source soil to be tested for
contaminants and certified by a testing lab prior to bringing the
soil to a site in the Township. 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 Wantage, 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 importing approved by the
Zoning Official and/or Township Engineer (minor permit) or by the
Township Land Use Board (major permit) pursuant to the provisions
of this chapter.
Planning Board of the Township of Wantage.
A permit for the importing of more than 300 cubic yards or
more of soil in a calendar year.
A permit for the importing of up to 300 cubic yards of soil
in a calendar year.
A soil importing permit.
Includes an individual, a partnership, a corporation or any
other legal entity.
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.
The soil within eight inches of the surface.
The Township of Wantage.
No person shall cause the placement of any soil on any premises
in the Township of Wantage whether that soil/fill originated within
the Township or was imported, whether such fill be for sale, gift
or otherwise, unless a permit therefore is first secured from the
Township Zoning Officer and/or Township Engineer or the Township Planning
Board as hereinafter provided.
[Amended 12-28-2023 by Ord. No. 2023-17]
a.
A Soil Importing Permit shall not be required for:
1.
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 an approved
farm plan has been established by said agency, provided that (i) all
soil moving operations and fill operations in and upon such lands
are performed in accordance with said approved farm plan and, (ii)
a copy of said approved farm plan is placed on file with the Township
prior to any soil moving operations or fill operations;
2.
Subdivisions and/or site plans approved pursuant to Chapter 15, Land Use Procedures, of the Township of Wantage, but any soil importation shall be subject to review and any specific conditions imposed by the Land Use Board;
3.
A state-mandated environmental 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 and accepted by the Township Engineer
prior to any soil moving, removal or fill operations;
4.
The storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards, provided that the outdoor storage of materials on said property has previously been established and received site plan approval pursuant to Chapter 15, Land Use Procedures of the Township of Wantage; The Township reserves the right at any time to require the property owner or tenant to provide proof of the source of imported soil. The Township may test any soil imported pursuant to this subsection at any time at the cost and expense of the property owner or tenant.
5.
The movement and placement of soil/fill from one location on a parcel
to another location on the same parcel when that movement is directly
related to agricultural uses on farm properties within the Township
of Wantage. This section does not supersede any rights granted under
the Right to Farm Act; provided however, any importation of soil/fill
to designated farmland is still required to comply with the regulations
and permit process described in this chapter;
6.
Property owners within the Township seeking to import no more than
25 cubic yards of soil/fill for use on their property within any twelve-month
period provided however, each property owner must fill out and file
with the Township Clerk the soil importation form which shall be available
on the Township website or from the Township Clerk. Failure to file
the soil importation form prior to said importation shall result in
a request from the Enforcing Officer under this chapter to provide
the information requested on the form. Failure to do so or repeated
violation of this requirement shall result in penalties pursuant to
this chapter.
b.
Notice.
Prior to importing any soil pursuant to paragraphs a, b or f
of this subsection, the person importing the soil shall provide proof
to the Township that the soil is acceptable pursuant to this chapter,
including laboratory test results, address and block and lot numbers
of the location from which the soil originated, and the quantity being
imported. Failure to provide this notice will result in a stop work
order until the information is provided and deemed acceptable by the
Township.
a.
Application
for a minor soil importing permit shall be filed with the Township
Zoning Officer who shall issue the permit based upon finding substantial
compliance with the provisions of this section; provided, however,
the Township Zoning Officer and/or 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 reasons
for same.
b.
Application for a major soil importing permit shall be filed with the Township Land Use Board and shall be accompanied by a fee prescribed in § 21-3, General Fees. Fifteen copies of the application shall be submitted on forms prescribed by the Township Land Use Board and supplied by the Secretary to the Board.
c.
The application
for minor and major soil importing 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.
Name
and address of the person/entity importing the soil/fill.
4.
Name
and address of the person/entity trucking in the soil/fill.
5.
The description
and location of the land in question, including the tax map block
and lot numbers.
6.
The purpose
or reason for placement of soil.
7.
The nature
and quantity, in cubic yards, of soil to be filled.
8.
The source of material to be used as fill and proof that the acceptable soil material has been tested in conformance with §23-3.4 of this section and that it complies with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A.
(a)
Proof under this section shall be an original letter from a laboratory
certified by the state to perform soil analysis, stating that results
meet or exceed the present Ranking Criteria, along with the actual
test results, signed by an authorized signatory of the laboratory.
(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 biased to the location of the highest
suspected contaminated concentrations, as determined by the laboratory
professional or his duly assigned representative.
(c)
Soil material obtained from a quarry shall be exempt from the testing
criteria; however, a receipt from the quarry with the material amount
is required.
9.
Source
from where the soil is coming from to be shown on the plans, including
tax lot and block; owner's name and municipality.
10.
The
location to which the soil is to be placed.
11.
The
proposed date of completion of the soil fill.
12.
Additional
supporting documentation as requested by the Township Engineer/Zoning
Officer/Planning Board to adequately address and comply with the purpose
and the provisions of this chapter.
13.
An
approved soil erosion and sediment control permit (if applicable).
The application for a major soil importing placement 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, 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.
Source
from where the soil is coming from to be shown on the plans, including
tax lot and block; owner's name and municipality.
1.
The source of material to be used as fill and proof that the acceptable soil material has been tested in conformance with §23-3.4 of this section and that it complies 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 present Ranking Criteria, 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 biased to the location of the highest
suspected contaminated concentrations, as determined by the laboratory
professional or his duly assigned representative.
(c)
Soil material obtained from a quarry shall be exempt from the testing
criteria; however, a receipt from the quarry with the material amount
is required.
h.
Location
of any topsoil storage areas.
i.
Soil erosion
and sediment control measures.
j.
Cross
sections of the fill areas at fifty-foot intervals.
Upon receipt of an application for a major soil placement permit,
the Land Use Board Secretary shall forthwith send a copy of same to
the Zoning Officer, Construction Official, and Township Engineer,
who shall review the application, and shall submit their reports,
recommendations, and their findings, to the Township Land Use Board
within 45 days of receipt of the application.
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, and Township Engineer. On an application for
a major soil importing permit, the Land Use Board shall schedule a
public hearing and shall notify the applicant of the date of such
hearing. The applicant shall provide notice in accordance with municipal
land use law.
b.
Five days
prior to the hearing, the applicant shall present to the Township
Planning 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 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. 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.
j.
History
of applicant/recipient/importer related to soil placement permits
within the Township, if any.
a.
A permit
shall be issued after the approval of the application by the Zoning
Official and/or Township Engineer (minor permit) or by the Township
Land Use Board (major permit).
b.
Once
a permit is issued, it shall be maintained on site and must be available
for inspection by the enforcing officer immediately upon request.
Additionally, each truckload of soil/fill shall have the required
documentation and proof of acceptable dirt and duplicate original
of the permit it is acting under available for inspection at all times.
c.
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.
d.
The approval
shall be specific to the applicant/owner/importer and based on the
source of the soil/fill identified in the permit application.
e.
Permits
are not transferable to other sites of common ownership, nor can soil/fill
be accepted by the site owner from other source(s) or importer(s)
than those listed in the permit application and on the permit.
f.
Acceptance
of soil/fill in excess of the permitted amount or from a source other
than the permitted source shall constitute a violation of the terms
of the permit and be grounds for revocation and/or other penalties
as set forth elsewhere in this chapter.
g.
Each
permit shall also contain an expiration date to be set by the approving
authority not to exceed two years, by which all soil/fill importation
must be complete.
h.
If deemed
necessary by the approving authority, a permit may include a requirement
that a performance guarantee be posted by the applicant, in an amount
determined by the Township Engineer, and will be returnable upon completion
of the work allowed under, and confirmation by the Township Engineer
that all work was done in compliance with, the permit.
If a permit is issued for the placement of fill, the owner or
person in charge shall conduct the operations to ensure there are
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 required and shown
on the approved plan.
a.
No soil
shall be placed nor shall any operation be conducted so as to violate
any of the regulations contained in this section.
b.
Detailed
records are to be kept relating to each truckload of soil/fill deposited,
including the source of the soil/fill, the testing results proving
it is acceptable as detailed elsewhere in this chapter, and the location
on the site where it is deposited.
Soil/fill shall not be deposited or in any way placed upon adjoining
property or public roads. Any soil or material resulting from any
such operation accumulating on any adjoining property or public road
shall be removed immediately upon notice to the permittee, at their
sole cost and expense, of such accumulation.
a.
All operations
shall be conducted in strict accordance with any state law, other
ordinances of the Township, and the terms and conditions of any permit
granted for such operations.
b.
Any approved soil material to be brought in to the Township must be tested at the source for compliance with the Soil Ranking Criteria found at N.J.A.C. 7:26D, Appendix C, Table 1A, in accordance with §§23-2.6 and 23-2.7 of this chapter and evaluated by a state certified laboratory. Additionally:
1.
All expenses
connected with such testing are to be borne by the recipient of the
fill or the applicant;
2.
The Township
Health Department, Township Engineer, or Zoning Officer shall have
the authority to order additional reports or testing as it/they may
deem necessary and appropriate, such costs to be borne by the recipient
of the fill.
The operation shall be so conducted as not to constitute a nuisance,
and in no event shall said operation create any hazardous or unsafe
condition with regard to any person or persons. Natural screening
is to be preserved by the applicant.
a.
Upon completion
of any operation delineated on the approved plan, said area shall
be properly leveled off, cleared of debris, and graded to conform
to the contours and grades as approved by the Zoning Officer and/or
Township Engineer. A final map for all major soil fill permits shall
be submitted containing and complying with all requirements as set
forth in this chapter.
b.
No trash,
junk or debris may be stored in any area, and no safety hazards shall
be permitted either during or after the completion of operations.
The material temporary stored shall not exceed a height of 20
feet, and the maximum storage slope shall be 45°.
a.
The Zoning
Officer and/or Township Engineer are designated as the officials whose
duty it shall be to enforce the provisions of this chapter. They 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 of this
chapter. The Zoning Officer and/or Township Engineer shall have the
right to enter upon any lands for the purpose of examination and inspection
of the operation without advance notice. The Zoning Officer and/or
Township Engineer may also inspect trucks entering the Township of
Wantage carrying soil/fill. They shall also have the right to request
proof of compliance and documentation required in §23-3.12b above,
as well as the permit they are operating under and the laboratory
results for the soil/fill.
b.
In conjunction with the right to examine and inspect the operation, the Township Health Department, Township Engineer, or Zoning Officer shall have the authority to order additional testing of the soil/fill. Such testing shall be performed by a state-certified laboratory and all costs of that testing shall be borne by the recipient of the soil/fill or the applicant. Said testing shall comply with the testing requirements in §§23-2.6 and 23-2.7 of this chapter.
1.
If the
results of that additional testing indicate soil/fill containing material
or otherwise in violation of the testing requirements above, the owner
shall be responsible for environmental clean up of the site and shall
bear the entire cost of the clean up.
In the placement of soil or fill operation, the applicant shall
cause streets to be kept free from dirt and debris resulting from
the soil or fill operation.
a.
Proof of compliance with this section and any specific conditions of an individual permit may be requested by the Township Health Department, Zoning Officer or Township Engineer at any time and must be provided immediately pursuant to § 23-2.11 herein. Failure to respond or provide proof of compliance shall be considered a violation of the terms of the permit, and may result in an immediate stop-work order until the requested proofs are provided.
b.
After
notice and an opportunity to be heard before the Township Zoning Officer,
the permit of any person may be revoked or suspended for such period
as the Township Zoning Officer may determine for any violation of
the terms hereof or the terms and conditions of any permit granted
hereunder.
c.
In addition
to the revocation provided for herein, any landowner, trucking company
or importer who violate 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 maximum 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, and each and every
truckload of soil/fill that is deposited in violation of the terms
of the permit, shall be considered a separate and specific violation
of these provisions and not as a continuing offense.
d.
If it
is determined that the terms of the permit have been violated and
soil/fill deposited is not in compliance with the testing requirements
of this section, the permit shall be permanently revoked, and the
recipient of the fill shall have the soil/fill removed or remediated,
as deemed necessary by the Township, at recipient's sole expense.
e.
No revocation
of the permit or other penalty in this section shall relieve the owner
of their responsibility to clean up a site that has been determined
to have contaminated soil/fill in violation of their permit.
f.
Any importation
without a permit pursuant to this chapter is subject to the same penalties
and fines outlined above. Penalties and fines may be imposed on any
or all parties involved with the illegal importation of soil/fill
including the receiving land owner, the trucking company, the truck
owner, and the owner and/or operator of the site from which the soil/fill
originated.
Nothing contained in this section shall be construed to affect
the owner's application for soil erosion and sediment control permits
or any other state or federal regulations or permits as required.
