The purpose of this chapter is to protect the public health, safety and general welfare against the adverse effects, including erosion, decreased fertility of soil, surface water drainage problems and other damages to the ecology, which may result from the unregulated and uncontrolled excavation and removal of soil from property in the township when such excavation and removal is not incidental to and in accordance with plans for the use or development of land which have been approved under another chapter of this ordinance.
No person shall undertake soil extraction for purposes of the sale of soil or for the use of soil other than on the premises from which the soil shall be taken without first having procured a soil extraction permit issued pursuant to the provisions of this chapter.
The following projects are exempt from the provisions of this chapter:
a. Soil extraction in the course of excavating for a foundation for a building for which a construction permit has been issued by the township construction official;
b. Soil extraction necessary to meet grades established by subdivision approval;
c. Soil extraction necessary for compliance with the terms and conditions of site plan approval;
d. Soil extraction necessary for compliance with the terms and conditions of a land disturbance permit issued by the township; or
e. Soil extraction involving the removal of less than 10 cubic yards of soil from any property in any twelve-month period.
Every application for a soil extraction permit shall be submitted on forms which may be obtained from the office of the township clerk and shall include an original and 12 copies. Applications shall set forth the following information:
a. Designation of the property which is the subject of the application by block and lot number as shown on the tax map of the township.
b. Name, address and telephone number of the owner of the subject property.
c. Name, address and telephone number of the person to be in charge of the proposed soil extraction operation, if other than the owner.
d. The reason or reasons for the proposed soil extraction.
e. The type or types of soil proposed to be extracted.
f. The volume in cubic yards of soil proposed to be extracted.
g. The capacity of any trucks to be used in the operation.
h. Haul routes and the location where soil will be deposited.
i. A description of the measures that will be undertaken to prevent road damage, traffic problems and the dropping of soil onto public streets or roads while in transit.
j. The proposed commencement and completion dates of the soil extraction operation.
k. The signature of the applicant.
l. If the applicant is other than the owner, the signature of the owner consenting to the filing of the application.
Every application for a soil extraction permit shall be accompanied by 13 copies of the following documents prepared by a licensed professional engineer:
a. A topographic site survey with a scale of not more than 100 feet to the inch which shows all land from which any soil is proposed to be extracted and all land within 200 feet thereof; the existing contours as of the date of the application of all land shown, the contour interval being no greater than 2 feet; all roads, wooded areas and other prominent natural factors upon the land shown; and all ponds, streams, brooks, drainage ways and storm drainage facilities upon the land shown. The topographic site survey shall be based upon township topographic maps when such maps of the subject area are available.
b. A soil extraction plan map which shows all of the information contained on the topographic site survey, except that as to the area or areas from which any soil is proposed to be extracted the map shall show the contours proposed to exist when the soil extraction operation has been completed with final cover; the plans for the handling of surface water drainage designed so as to be compatible and integrated with existing conditions and facilities upon adjacent land; the nature of the proposed final cover; and the plan for the preservation of topsoil to be used as final cover, including the location for storage thereof during the course of the soil extraction operation.
c. Whenever applicable, a soil erosion, sediment control and flood prevention plan meeting the requirements of subsection 19-5.3.
d. An environmental impact study meeting the requirements of Section 17-3 when the proposed soil extraction will require:
(1) the removal of trees or other vegetation in an area of more than 1,000 square fee; ore
(2) the disturbance of earth by power driven equipment in an area of more than 1,000 square feet.
Every applicant shall pay to the township clerk a filing fee at the time of filing an application for a soil extraction permit. A permit fee shall also be paid prior to the issuance of a permit. The fees shall be determined in accordance with subsection 13-14.1.j.
An application shall be considered as filed when it has been properly completed and delivered to the township clerk with the required accompanying documents and filing fee.
An application shall be filed at least 21 days before a monthly meeting of the planning board in order to be included on the agenda for that meeting.
Upon receiving an application the township clerk shall note the date of submission on all copies of the application form, shall retain 1 copy of the application form together with 1 copy of the other accompanying documents, shall forward 1 copy of the application form together with 1 copy of any accompanying documents to the township engineer, and shall deliver 10 copies of the application form together with 10 copies of the accompanying documents to the secretary of the planning board. The township clerk shall also forward 1 copy of the application form together with 1 copy of any other accompanying documents of the township environmental commission.
Whenever it appears subsequent to submission that an application is incomplete, the secretary of the planning board shall notify the applicant of the deficiencies.
Thirteen copies of any documents furnished for purposes of supplementing an application shall be submitted by the applicant to the township clerk, who shall distribute such documents in accordance with the provisions of subsection 20-4.5.
Whenever an incomplete application is supplemented so as to make it complete, the period of the time limitation set forth in subsection 20-5.6 shall commence to run from the date when the application becomes complete. The new date shall be noted on the original application forms and upon the supplementing documents.
All applications for soil extraction permitted shall be reviewed by the planning board and the township engineer. The township engineer shall furnish comments on the application to the planning board within 14 days after the submission of the application unless the planning board advises the township engineer of a longer period of time for his review. The planning board may refer an application to the Morris County Soil Conservation District or any other qualified governmental agency or agencies or consultants for review and comments within a period of time indicated by the planning board.
Following receipt of a report from the township engineer on an application for a soil extraction permit the planning board shall schedule a public hearing following the procedures set forth in Sections 13-6 and 13-7.
In acting upon any application for a soil extraction permit, the planning board shall give consideration to the following:
a. Protection of soil fertility;
b. Adequate and proper drainage;
d. Compatibility of proposed final grades and contours with the surrounding area, including lateral support;
e. Land values and future land uses of those properties affected directly or indirectly by the proposed extraction of soil;
f. Traffic, road damage and weather conditions;
g. Comments and recommendations of the township engineer;
h. Comments and recommendations of the township environmental commission and any other agency or consultant to which the application may have been referred.
i. Comments and recommendations of the public;
j. Such other factors respecting the application as may bear upon and relate to the coordinated, adjusted and harmonious physical development of the township; and
k. Such other factors respecting the application as may bear upon and relate to the general health, safety and welfare of the public.
If after reviewing an application and accompanying documents, and after having held a public hearing thereon, the planning board finds that the proposed soil extraction operation will not create conditions inimical to the public health, general welfare and safety and will not produce adverse effects upon the present and future use of land, the planning board shall approve the application in whole or in part upon such terms and conditions as it deems appropriate and shall authorize the issuance of a soil extraction permit in accordance with the provision of this chapter.
As to every application which is approved, the planning board shall fix the amount of the performance guarantee required pursuant to the provisions of subsection 20-6.1 and shall fix the date by which the soil extraction operation shall be completed.
In addition to mailing its decision pursuant to subsection 13-8.3, the approved application and accompanying documents shall be delivered to the township clerk together with a certified copy of the resolution granting approval.
In the event of the disapproval of an application in whole or in part, the applicant may submit an amended application. The procedure to be followed with respect to an amended application shall be the same as the procedure provided for an original application.
The township planning board shall approve in whole or in part or disapprove an application for a soil extraction permit within a period of 65 days after the submission of a complete application to the township clerk, unless further time is consented to in writing by the applicant.
Failure of the planning board to act upon a complete application within such period or such extension thereof shall constitute approval of the application, and the applicant shall be entitled to the issuance of a soil extraction permit by the township clerk as though the application had been approved pursuant to the provisions of subsection 20-5.4 in the form in which the application was submitted.
A brief notice of every final decision of the township planning board on an application for a soil permit shall be published in the official newspaper of the township. Such publication shall be arranged by the township clerk without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date upon which the township clerk receives notice of the final decision of the planning board from the secretary of the planning board.
After the approval of an application and before the issuance of a soil extraction permit, the applicant shall file with the township a guarantee sufficient in amount to insure the installation of any drainage or other improvements shown upon the approved soil extraction plan map and to assure the alleviation of any adverse conditions upon the property subject of the application in the event that the soil extraction operation or any part thereof is undertaken and not carried on or completed in accordance with, or within the time provided in the terms and conditions of the soil extraction permit as established by the planning board. Such guarantee may be in the form of a bond issued by a corporate surety licensed to do business in the State of New Jersey, an irrevocable letter of credit or a cash deposit with the township. The guarantee shall be approved by the township attorney as to form and execution. The amount of the guarantee shall be fixed by the planning board and shall not be in excess of the cost estimated by the township engineer for the installation of improvement and for the alleviation of adverse conditions which might result from the aforementioned failure to complete the operation.
Upon completion of a soil extraction operation as provided in subsection 20-6.3 and certification by the township engineer pursuant to subsection 20-7.5, the guarantee furnished by the applicant shall be release by resolution of the township committee.
Upon receipt of an approved application (or upon approval by reason of inaction as provided in subsection 20-5.6), a performance guarantee meeting the requirements of subsection 20-6.1 and the fees required by subsection 20-4.3, the township clerk shall issue a soil extraction permit to the applicant. The township clerk shall attach to the permit such documents as are necessary and appropriate to set forth all of the terms and conditions of the permit.
Every soil extraction permit shall have a term equal to the period of time approved by the planning board for the completion of the soil extraction operation. Every soil extraction operation shall be completed within the period specified in the permit issued therefor The operation shall be considered as completed when the township engineer has issued a certificate of completion as provided in subsection 20-7.5.
Every soil extraction operation shall be conducted in accordance with the following standards:
a. All of the top six (6) inches of existing soil shall be retained on the property subject of the soil extraction permit. Such soil shall be set aside and protected, and upon completion of the soil extraction operation such soil shall be redistributed as final cover in accordance with the terms and conditions of the soil extraction permit.
b. To the extent feasible and consistent with future use of the property healthy mature trees shall be preserved. Trees which are taken down shall be removed from the property. No trees, parts of trees or stumps shall be buried upon any land within the township.
c. Upon the completion of a soil extraction operation or any part thereof the final cover shall, as soon as weather permits, be seeded or planted with grass or other suitable ground cover to prevent erosion.
d. Only such public streets and roads approved or designated by the planning board shall be used for the transportation of soil.
e. The permittee shall cause public streets and roads to be kept free from dirt resulting from such soil extraction operation and shall take appropriate measures to avoid violations of Section 10-4, Street and Sidewalk Protection.
f. All operations shall take place only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
The township engineer shall inspect every project for which a soil extraction permit has been issued. The township engineer shall be responsible for enforcing compliance with the permit and the provisions and requirements of this chapter.
To assist in making inspection, a complete copy of the soil extraction permit issued by the township clerk shall be kept at the site at all times during the operation.
When in his judgment the circumstances warrant such action, the township engineer may issue a stop work order to a person to whom a soil extraction permit has been issued or to his agent in charge of work at the site. Thereupon, until all deviations from the permit and any other violations of this chapter have been corrected, no work shall be carried on at the site except such work as is necessary to effect such correction. If such deviations and violations are not promptly corrected, the township engineer shall bring the matter to the attention of the township administrator for appropriate action by the township.
When deemed necessary or appropriate by reason of conditions arising in the field during the course of the performance of work, the township engineer may order or approve amendments, changes or modifications of a minor nature in an approved soil extraction permit.
