This chapter shall be known as the "Soil/Fill Ordinance of the
Township of Byram."
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 health, safety, and general welfare
of the public. 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 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 Byram, 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:
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, free of construction/demolition
debris, garbage, refuse, or sludge and not containing concentrations
of one or more contaminants that exceed the New Jersey Department
of Environmental Protection (NJDEP) 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 requesting a soil importation permit as
provided for in this chapter.
A plan for the placement of soil/fill approved by the Zoning
Official and/or Township Engineer (minor permit) or by the Township
Engineer (major permit) pursuant to the provisions of this chapter.
Mixed-waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures that includes, but is 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; non-asbestos
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.
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.
A soil/fill permit.
Includes an individual, a partnership, a corporation, or
any other legal entity.
A permit for any volume of soil/fill placed on a nonresidential
property or a permit for a volume of soil/fill that exceeds the maximum
cubic yards permitted per residential zoning district.
The arable soil within eight inches of the surface.
The Township of Byram.
A.
No person shall fill or cause the placement of any soil on any premises in the Township of Byram in excess of the amounts set forth in § 210-5A, whether such fill be for sale, gift or otherwise, unless a permit therefor is first secured from the Township Zoning Officer and/or Township Engineer as hereinafter provided.
B.
Unless otherwise exempt under this chapter, no permit shall be issued
unless:
A.
The provisions of this chapter shall not apply to de minimis filling
associated with landscaping activities on any property that does not
exceed the allowable volume of fill as defined in the table below
during any twelve-month period. However, any person conducting such
filling shall, upon request of Byram Township, provide written proof
that the soil or fill meets the NJDEP requirements of N.J.A.C. 7:26D,
Remediation Standards, and this chapter.
Maximum Cubic Yards Permitted Per Residential Zoning District
in any Twelve-Month Period
|
Zone
|
Maximum Volume
(cubic yards)
|
|---|---|
|
R-1
|
500
|
|
R-2
|
250
|
|
R-3
|
100
|
|
R-4
|
50
|
|
R-5
|
50
|
B.
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 permit has been approved by the Construction Official and/or Department of Health as required by law. Any soil/fill material used in conjunction with these activities, however, must be acceptable soil/fill which meets the requirements of § 210-6C(16). However, any person conducting such filling shall, upon request of Byram Township, provide written proof that the soil or fill meets the NJDEP requirements of N.J.A.C. 7:26D, Remediation Standards, and this chapter.
C.
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. However, any person conducting such filling shall,
upon request of Byram Township, provide written proof that the soil
or fill meets the NJDEP requirements of N.J.A.C. 7:26D, Remediation
Standards, and this chapter.
D.
A separate soil permit under this chapter shall not be required for improvements to nonresidential properties which have been approved by the Byram Township Planning Board as part of a subdivision or site plan application pursuant to Chapter 215, Subdivision and Site Plan Review. However, any soil/fill material used as part of a subdivision and/or site plan must be in conformance with the requirements of § 210-6C(16) and NJDEP regulation in N.J.A.C. 7:26D. Any person conducting such filling shall, upon request of Byram Township, provide written proof that the soil or fill meets the NJDEP requirements of N.J.A.C. 7:26D, Remediation Standards, and this chapter.
E.
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 under the direction of a licensed
site remediation professional and 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.
F.
The provisions of this chapter shall not apply to 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 does not require site plan approval from the Byram Township Planning Board pursuant to Chapter 215, Subdivision and Site Plan Review. However, any person conducting such filling shall, upon request of Byram Township, provide written proof that the soil or fill meets the NJDEP requirements of N.J.A.C. 7:26D, Remediation Standards, and this chapter.
G.
The provisions of this chapter shall not apply to the replenishment of sand on lake community beach areas. Any sand material used in conjunction with these activities, however, must be considered acceptable fill which meets the requirements of § 210-6C(16).
H.
The provisions of this chapter shall not apply to the placement of
stone, gravel, or other quarried materials on a property in Byram
Township for the purpose of driveway construction. However, any person
conducting such filling shall, upon request of Byram Township, provide
written proof that the soil or fill meets the NJDEP requirements of
N.J.A.C. 7:26D, Remediation Standards, and this chapter.
I.
The provision of this chapter shall not apply to soil/fill imported
to or moved within a properly licensed Class B recycling facility.
J.
The provision of the chapter shall not apply to acceptable soil/fill
materials being moved from one section of an owner's property
to another section of the same property.
K.
The provision of the chapter shall not apply to public works projects
conducted or contracted 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.
A.
The property owner receiving the soil/fill material is responsible
for obtaining a permit.
B.
An application for a soil/fill permit shall be filed with the Township
Zoning Officer, who may issue the permit upon the Township Engineer
finding the permit application being in substantial compliance with
the provisions of this subchapter; provided 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, may be violation of the Township
Code or require approval of other regulatory agencies. The denial
shall be in writing setting forth reasons for same. Action on an application
for a soil/fill permit shall be taken within 10 business days of receipt
of all required items. No fill or soil movement shall occur until
the soil fill permit is approved and until all other governmental
approvals necessary for the work have been obtained and provided to
the Zoning Officer.
C.
The application for a soil/fill permit shall set forth the following
and also 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:
(1)
Name and address of the applicant.
(2)
Name and address of the owner, if other than the applicant.
(3)
Key map.
(4)
Existing contour lines at two-foot intervals.
(5)
Proposed contour lines at two-foot intervals after fill of the soil.
(6)
All existing structures, all existing roads and drainage within 200
feet of the property.
(7)
Location of all property lines.
(8)
Location of any wetlands, streams, or other environmentally sensitive
areas on the property.
(9)
Location of any topsoil storage areas.
(10)
Soil erosion and sediment control measures.
(11)
Cross sections of the fill areas at fifty-foot intervals.
(12)
The description and location of the land in question, including
the tax map block and lot numbers.
(13)
The purpose or reason for placement of soil.
(14)
The nature and quantity, in cubic yards, of soil to be filled.
(15)
Proof of an A-901 license from the NJDEP for all persons involved
in the collection, transportation, processing, brokerage, storage,
purchase, sale, or disposition of any soil or fill in accordance with
any New Jersey or federal statutes and regulations.
(16)
The source of material to be used as fill and 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 include 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. Testing of quarried material will not be required;
however, a receipt from the quarry with the material amount being
delivered to a site is required.
(d)
Proof shall include copies of trucking records stating the location
where the soil/fill material was picked up and the location where
the soil/fill material was delivered.
(e)
The source from where the soil is coming shall be provided with
the permit application and shown on the plans, including tax lot and
block, owner's name and municipality.
(17)
The location to which the soil is to be placed.
(18)
The proposed date of completion of the soil/fill.
(19)
Supporting documentation as required to adequately address and
comply with the purpose and the provisions of this chapter.
(20)
An approved soil erosion and sediment control permit (if applicable).
D.
The application shall include Form SI-1, Acceptable Soil/Fill Material
Certification Form, attached hereto as Appendix 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)
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.
In considering and reviewing the application and arriving at
a decision, the Zoning Officer and the Township Engineer must 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.
J.
Proof of licensing of the soil or fill involved persons by the NJDEP
pursuant to A-901 and any New Jersey or federal laws or regulations.
A permit shall be issued after the approval of the application
by the Zoning Official or by the Township Engineer. The approval shall
specifically list the total number of cubic yards of soil authorized
to be filled as calculated by the Zoning Officer or the Township Engineer
based upon the contour maps submitted and approved. The Zoning Officer
or the Township Engineer has the authority to waive any of the requirements
of this chapter.
