[Amended 8-10-2006 by Ord. No. 2006-22]

A. Findings/purpose. The Mayor and the Township Council find that the unregulated and uncontrolled moving of soil to and from lands within the Township has the potential to result in conditions detrimental to the health, safety and general welfare of the Township and its residents and that such unregulated and uncontrolled movement of soil to and from lands located within the Township has created in the past and will create in the future one or more of the following conditions: soil erosion by water and wind; inadequate and improper surface water drainage; a decrease in soil fertility; siltation of streams; the removal of lateral support abutting streets, lands and premises; the creation of excessive amounts of dust and mosquito breeding places; the deposit on Township streets of large quantities of dust, mud or dirt; the creation of dangerous depressions or pits; deterioration of property values; the rendering of lands unfit or unsuitable for their most appropriate uses; and the creation of other conditions hampering and deterring the coordinated and adjusted and harmonious development of the Township.

B. Definitions. For the purposes of this section, except as the context may otherwise require, the words used in this section shall mean and include the following:

APPLICANT The owner or contract purchaser of land upon which earthwork activities are to take place.

CLEAN FILL Clean fill shall be constructed of soil or rock materials or a combination of these materials meeting the following gradation. These materials shall be free from stumps, roots, weeds, sod, rubbish, garbage, and any other material that may decay. Clean fill shall also be free of any chemical or physical contamination in accordance with NJDEP guidelines.

EXCAVATOR Any person engaged in the moving, removal or excavation of soil or topsoil from, in or upon any land in the Township.

MOVE To dig, excavate, remove, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour.

PERMIT A soil removal or fill permit issued under the terms of this section.

PREMISES One or more contiguous parcels of land in single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.

SOIL Any earth, sand, clay, loam, gravel, humus, rock or dirt, and mixtures of any of them.

TOPSOIL

(1) Soil that, in its natural state, constitutes the top layer of earth and is composed of 2.75% or more, by weight, of organic matter and has the ability to readily support vegetation. Topsoil shall not contain stones, lumps, roots, or similar objects larger than 1/2 inch in any dimension and shall have not less than a 5.8 pH value. The gradation of the topsoil shall be within the following, using the Bouyoucos Hydrometer Analysis conforming to AASHTO T 88:

(a) Not more than 20% of the material submitted from an off-site sample shall be retained on a No. 10 sieve.

(b) Retention of material.

Material outside these ranges is not suitable for use as topsoil.

(2) Unacceptable topsoil sources. Material stripped from the following sources shall not be considered suitable for use as topsoil:

(a) Chemically or physically contaminated soils.

(b) Wet excavation.

C. Application requirements.

(1) Prior to the digging, excavation, disturbance, or transportation of any soil on any premises in the Township for use other than on the premises from which it is being taken, or prior to the filling of any property or properties within the Township, an application shall be made by the owner or authorized agent to the office of the Township Engineer for a soil removal or fill permit on the officially designated form. This requirement to obtain a permit applies to all construction, including all buildings, roadways, driveways, retaining walls, all other construction which requires soil removal or filling with soil, and for restoration and restabilization of all areas of any site in which grading, soil removal or adjacent construction activity has taken place. All properties filled shall be filled with clean fill or topsoil as defined in this section.

(2) The application shall be submitted to the Township as follows:

(a) If the soil removal or filling is necessary for the development of a project which has been granted approval by the Planning Board or the Board of Adjustment, an application shall be made to the Township Engineer.

(b) If the soil removal or filling is necessary for the development of a project which has not been granted approval by the Planning Board or the Board of Adjustment, then an application shall be made to the Planning Board.

(c) The requirements of this section shall not apply when both of the following circumstances are present:

[1] When soil removal results from excavation involving one single-family house, basement or accessory structure (e.g., pool or patio); and

[2] When the total quantity of soil removed from or added to any tract is less than 100 cubic yards.

D. Information required for application.

(1) The application shall be filed on a form supplied by the Township Engineer and shall provide the following information:

(a) Owner, applicant and contractor name, address and telephone numbers.

(b) The name, address and telephone number of the person(s) responsible for the work of removing the soil or filling.

(c) Address and block/lot designations of all property(ies) from which soil removal is to take place and/or at which filling is to take place.

(d) Narrative statement concerning the purpose of application.

(e) Name of project(s), if any.

(f) The destination of the soil to be removed from the site. If the destination is not listed in Subsection D(1)(c) above and the destination is within the Township, the street address, Tax Map block/lot designation, and other information which identifies the location are required.

(g) A detailed description of the entire route within the Township to and from the proposed site(s) to be used in transporting soil removed or soil used for fill. Where the approval from the reviewing office expressly designates a route, no deviations from this route will be permitted unless authorized by the Township Engineer or the Planning Board.

(h) An estimate in cubic yards of the quantity of soil to be removed, broken down into two figures, topsoil and total, or an estimate in cubic yards of the quantity of soil to be installed as fill broken down into two figures, topsoil and total.

(i) All information on the fill material as required by the definition of "clean fill" in this section. The data shall be submitted and approved by the Township Engineer prior to the start of work. Only material data from a legally certified testing laboratory shall be considered and should include soil borings, gradation, composition, proctor values and any other information required by the Township.

(j) Start of work date, approximate project duration, and completion date.

(k) All necessary outside agency permits or authorization required for the project.

(l) Application fees as specified elsewhere in this section.

(2) For each application for soil removal or filling, a survey or plan signed and sealed by a professional engineer licensed to practice in the State of New Jersey is required. Said plan shall contain the following:

(a) The plan shall be drawn to a minimum scale of one inch to 100 feet for soil removal and a scale of one inch to 50 feet for filling.

(b) The dimensions of the property(ies) where the activity is to take place, and the lot and block number of the property and of each lot surrounding the land within 200 feet as shown on the current Tax Map of the Township.

(c) All existing and proposed structures, easements, floodplains, wetlands, stream encroachment areas and other designations on the property which may restrict activities on part of the property, and all elevations of same.

(d) All existing treelines, limit of disturbance lines, and all tree removal and tree replacement information as specified elsewhere in this chapter.

(e) Areas of disturbance and limits of soil erosion control measures shall be clearly delineated.

(f) Existing and proposed contours and grades as required by the Township Engineer, and for soil removal, the present grade on a fifty-foot grid layout with contour lines at one-foot levels up to and including 20 acres or, for more than 20 acres, one-hundred-foot grids with contour lines at two-foot levels. Additionally, the grades of all abutting streets and lands around the outer boundaries of the site shall be provided.

(g) The quantity, in cubic yards, of soil to be removed or fill material to be installed.

(h) The average depth of topsoil in existing condition as determined by taking borings in the approximate center of each one-hundred-foot grid.

(i) The demonstration of positive drainage flow with grades a minimum of 1.5% and swales to convey runoff, and the areas where runoff is to be discharged (streams, water bodies, watercourses, natural or artificial).

(j) Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.

(k) Information on retaining walls as further required by § 220-35D(24) and other applicable sections.

(l) Measures for the prevention of soil erosion and sediment control during construction until soil is stabilized. The applicant shall comply with all Freehold Soil Conservation District requirements.

(m) Methods of final soil stabilization and description of ground cover, plantings, vegetation, and landscaping. Residential properties shall receive a minimum of four inches of topsoil on all disturbed areas. Nonresidential properties shall receive a minimum of six inches on all disturbed areas.

(n) The applicant shall furnish any other pertinent data the Township Engineer may require after examination of the proposed project, including site inspection. If the soil removal or fill is for the development of an approved subdivision or site plan by the Planning Board or the Board of Adjustment, the above-referenced requirements may be met by the submission of the approved development plans, subject to final determination by the Township Engineer.

E. Application fees, inspection fees and performance guaranties.

(1) Application fees.

(a) In the event the application is reviewed in the Township Engineer's office, the application shall be accompanied by the fee indicated on the application form.

(b) In the event the application must be brought to the Planning Board, the application shall be accompanied by a fee, which shall be paid to the Township according to the Planning Board fee schedule.

(c) Renewal application shall be as indicated on the application form.

(d) If a soil removal or fill permit is denied, no refund of fees shall be permitted.

(2) Inspection fund. There shall be an inspection fund established to cover the cost of inspection and enforcement of the provisions of this section, based upon the total number of cubic yards to be removed or installed, as determined by the Township Engineer.

(3) Performance bond:

(a) Posting amount. No soil removal or fill permit will be issued until the applicant has posted with the Township a performance bond to cover damage to Township roadways in a form and with a surety that is acceptable to the Township and in an amount as follows: The bond amount shall be $15,000 for up to the first mile of the haul route along Township roads which is along the frontage of all properties from which soil removal and/or filling is to take place; $25,000 per mile or part thereof after the first mile of haul route for projects which have more than one mile of frontage along Township roads of all properties from which soil removal and/or filling is to take place.

(b) The performance bond will be conditioned upon the full and faithful performance by the applicant and principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this section and of the soil removal or fill permit issued pursuant thereto.

(c) The condition of the performance guaranty shall be that the permittee has properly completed its soil removal and/or fill work and that pavement stability, maintenance, cleaning, traffic direction, when required, and utility protection in conjunction with the removal or fill activity at the site and haul route has been maintained. The guaranty shall be posted in the amounts specified in Subsection E(3)(a) above for the duration of the haul cycle for removal of the soil or filling, whichever is longer. Upon completion or abandonment of the work, the Township Engineer shall inspect the site and haul route and render a written report to the Township regarding the performance guaranty status. Any reduction or release of the performance guaranty shall be authorized by resolution of the Township Council.

(d) Renewal. If the applicant shall fail to fill or remove the amount of soil estimated in the original application within the period of one year, he shall be required to submit an application for renewal and pay the fees applicable to the renewal application prior to the approval of same application for renewal. Renewal is also contingent upon renewal of the bond as required in this subsection.

F. Regulations.

(1) To ensure conformity to the requirements of this section, inspections shall be made by the Township Engineer or his authorized and qualified agent upon the lands on which the soil moving or filling operations are being conducted for the entire duration of the soil moving or filling operations.

(2) Copies of the soil removal or fill permit shall be posted on all premises affected thereby, and any person or entity engaged in the transportation of soil to or from any site in Marlboro Township shall produce a copy of said permit upon request from any officer, agent or employee of the Township authorized to enforce this section. Failure to produce this documentation on request shall constitute adequate cause for issuance of a stop-work order.

(3) Sectioning of land under permit. The applicant shall be required to section the property which is the subject of the permit into areas of not more than five acres for soil removal, and not more than 10 acres for filling, and to schedule the work of soil removal or filling so that the operation conducted in one section is completed and at final grade before work is commenced in any other section of the premises.

(4) Removal of a bank. Complete removal of a bank. If the application for a soil removal permit involves the complete removal of a bank which extends above the elevation of the surrounding lands or above the elevation of a public road or street adjacent to the land where the removal project is to take place, the moving or removal shall be so conducted as to leave the final grade of the land or lot from which the bank is to be removed at a grade that will not create a hazardous condition for the surrounding lands or a public road or street. Wherever practical, the final grade shall not be lower than the grade of the surrounding lands or of a public road or street, and the final grade shall be established and maintained at a minimum of 1 1/2% to ensure proper drainage. In addition, no slope shall exceed the grade of 33%.

(5) In the course of filling with soil, placement and compaction with fill materials shall be accordance with current NJDOT Standard Specifications. Fill shall not be placed over topsoil, but areas of embankment shall be stripped prior to fill placement. Fill materials shall be placed in layers not more than 12 inches thick, loose measurement; and compacted as specified below. Completed in place embankment shall be compacted to a density of not less than 95% of the established reference maximum density. A minimum of two field density tests shall be taken according to AASHTO T 191, AASHTO T 205, or AASHTO T 238-Method B and AASHTO 239 on each compacted layer or as directed by the Township Engineer. Only one of the referenced methods shall be used on the project.

(6) Topsoil.

(a) Replacement of topsoil. Whenever any owner, developer or excavator removes or fills property in the Township, provision shall be made for the replacement of topsoil within the boundary lines of the property. Except as hereinafter provided, all topsoil shall be uniformly replaced over the entire area or surface of the land, less newly developed areas, on or before the completion date set forth in the soil removal or fill permit. The final grade of the replaced topsoil shall conform to the proposed final grades shown on the topographical map. Topsoil shall be compacted and stabilized in accordance with appropriate Freehold Soil Conservation District provisions.

(b) In the event that the topsoil so stored does not meet the definition of "topsoil" as defined herein, then the owner or developer shall bring to the site topsoil that does conform to the definition. The replaced soil shall meet all other requirements of this section.

(c) The applicant shall submit additional testing and sampling as directed by the Township Engineer to ensure compliance to these provisions.

(7) In the course of filling or soil removal operations, the owner or person in charge shall conduct the operations so that there will be no interruption of natural drainage and so that the area will be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Engineer. The conduct of the operation shall be under the observation and control of the Township Engineer, who will make periodic inspections to determine that there is no deviation from the information and requirements of the application as approved.

(8) Every fill and soil removal project shall be conducted and completed in a manner which will eliminate any conditions hazardous to the public who may have access to the property or the health, safety or welfare of the Township. No boulders, tree stumps and other debris shall be buried with fill but shall be legally removed from the site.

(9) No fill or excavating operation is to be conducted except between the hours of 8:00 a.m. and 5:00 p.m. on weekdays (Monday to Friday) only.

(10) No person shall permit the accumulation of dirt, rubble or debris on any roadway within the Township as a result of soil removal, fill or trucking of soil to/from any site in the Township.

(11) The excavating or filling operation shall be conducted so that the noise from trucks or equipment will not be a source of annoyance or discomfort to any residents of the Township. The applicant shall comply with provisions of § 220-40(4).

(12) Every truckload of material shall be properly trimmed and shall have no material protrude more than 12 inches above the sides or rear of the truck at the peak or highest point of each load. Every hauler shall be responsible to ensure that sand, dirt or dust does not blow from their truck within the Township. All loads shall be covered.

(13) A minimum of 48 hours' notice to the Township Engineer's office shall be required for all work under this section. Failure of proper notice may result in rework, nonacceptance of the work and/or penalties imposed as outlined in this section.

(14) Transportation of soil. A person who transports over the streets, roads or highways in the Township soil removed from or transported to land or premises pursuant to a soil removal or fill permit shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from roads, streets or highways and shall apply or cause to be applied to the roads, streets or highways a dust preventive whenever deemed necessary by the Township Engineer. If a permit holder neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required, the Township Engineer is authorized to suspend the permit for a period of not less than three days or may revoke the permit after notification, in writing, by an authorized officer, agent or employee of the Township to the holder of the permit. If revoked, no soil removal permit or fill permit shall again be issued unless application is made as required by Subsection C.

G. Enforcement.

(1) Engineer. The Township Engineer shall enforce the provisions of this section, including but not limited to those violations arising out of the failure of any person or entity to apply for and obtain a soil removal or disturbance permit. He shall, from time to time, upon his own initiative, or 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 section. He shall report all violations to the Township and take any action deemed necessary for proper enforcement.

(2) In addition to the above, any law enforcement or code enforcement officer, agent or employee of the Township shall have the right to enter any land where soil removal operations are being conducted in order to examine and inspect the land and the operations and enforce the provisions of this section.

H. Revocation of permit; violations and penalties. After notice and an opportunity to be heard before the Township Engineer, the permit of any person may be revoked or suspended for such period as the Township Engineer may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to action on the bond required or the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a maximum fine of $2,500 or imprisonment for a period not to exceed 90 days, or both. 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.

A. Major and minor developments shall be served by paved public streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

B. Minor collector and local streets shall be so designed as to discourage through traffic.

C. In all residential zones, as to all major developments bounding upon any freeway, primary arterial, secondary arterial or major collector street, that portion of the development fronting on said right-of-way to a depth of 75 feet therefrom and for the full length of the development shall be conveyed to the Township for public use, to promote public safety and maintain open spaces and a rural atmosphere. No driveways shall enter onto freeways, primary arterial, secondary arterial or major collector streets. The developer is required to landscape the seventy-five-foot strip unless the approving authority agrees that the existing natural plant and tree growth is adequate. Landscaping plans shall be prepared by a professional landscape architect, a professional landscaper or one who commonly prepares landscaping plans. Each such person shall affix his name, title, address and signature to such plans.

D. In all major and minor developments, the minimum street right-of-way shall be measured from the lot line and shall be in accordance with the following schedule: