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:
ACCEPTABLE SOIL/FILL
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.
APPLICANT
The property owner requesting a soil importation permit as
provided for in this chapter.
APPROVED PLAN
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.
CONSTRUCTION/DEMOLITION DEBRIS
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.
CONTAMINATED PROPERTY
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.
CONTAMINATED SOIL/FILL
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.
FILL
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.
PERSON
Includes an individual, a partnership, a corporation, or
any other legal entity.
SOIL/FILL PERMIT
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.
TOPSOIL
The arable soil within eight inches of the surface.
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.
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.
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.