a. The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill has resulted and can result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township of Roxbury to effectuate the general purpose of municipal planning, and must be controlled

b. The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill will result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water and wind, inadequate and improper surface water drainage, increased flooding and flood damage both within and without the Township, the decrease in or destruction of the fertility of soil, the decrease of structural integrity of the Township Roadways, the removal of lateral support of abutting streets, land and premises, the creation of dust storms and mosquito-breeding areas, the creation of dangerous depressions, the deterioration of property values, the rendering of lands unfit or unsuitable to their most appropriate uses, and the creation of other factors and elements affecting the coordinated, adjusted and harmonious physical development of the Township, and must be controlled and regulated.

The purpose of this Chapter shall be to prevent the unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill by property owners, developers and excavators which may result in conditions detrimental to the public safety, health, and general welfare, substantially hampering and deterring the efforts of the Township to effectuate the general purpose as expressed herein

As used in this Chapter, the following terms shall have the meanings indicated

APPLICANT shall mean any person or entity who, either directly or through an employee, agent or independent contractor, or any other representative engages or intends to engage in depositing, storing, excavating, removing, moving on-site, grading, or regrading ten (10) cubic yards or more of soil and/or fill, as defined in this Chapter, from, to, or upon any lot, lots, or parcel of land within the Township.

ENGINEER shall mean the Township Engineer or Board Engineer, (whoever has jurisdiction for said permit.)

EXCAVATOR shall mean any person who deposits, stores, excavates, removes, moves, grades, or regrades soil and/or fill

LOT shall mean any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, either, in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk For the purposes of this Chapter, a "lot" shall also be deemed to be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, either, in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk

MINOR SOIL PERMIT shall apply to any of the following activities:

(1) all activities involving the moving of soil and/or fill on individual lots where such activity is not, and has not been within the past five (5) years, subject to site plan, subdivision and/or variance approval; or

(2) activities involving the moving of less than one thousand (1,000) cubic yards of soil and/or fill within any twelve (12) consecutive months, provided, however, that if two (2) or more applications in any period of twelve (12) consecutive months involve the moving of more than one thousand (1,000) cubic yards cumulatively, such applications shall require a major soil moving permit.

**Webmasters Note: The previous definition has been added as per Ord. No. 24-02.

MAJOR SOIL PERMIT shall mean any soil permit other than a minor soil permit for the moving of soil and/or fill within any period of twelve (12) consecutive months

MOVE shall mean to dig, excavate, remove, deposit, place; fill; grade, regrade, level or otherwise alter or change the location or contour, or to transport or to supply soil and/or fill This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil and/or fill or any other operation usually and ordinarily associated with the tilling of soil and/or fill for agricultural or horticultural purposes, landscaping and gardening by homeowners or agents of homeowners, provided it does not alter existing drainage patterns

OWNER shall mean any person seized in fee simple of any lot or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover

SOIL shall mean any earth, sand, clay, loam, gravel, humus, rock, boulders, or dirt, without regard to the presence or absence therein of organic matter, including any synthetic substance used as a substitute or in conjunction with Soil

SOIL MINING OPERATION. A location where the principal use is the commercial mining of rock, ore, stone, sand, soil and or similar materials for sale or for off-tract use.

SOIL PERMIT MODIFICATION shall apply to any of the following circumstances:

(1) extension of the termination date of a previously issued soil permit for a period of one year or less;

(2) a change in the location of the disposal or borrow site of a previously issued soil permit where such change would not involve transport over local streets different from those designated as the route of travel in the previously issued permit;

(3) a change in the route of travel over Federal, State or County roads to/from the disposal/borrow site of a previously issued soil permit; and

(4) a change of less than one thousand (1,000) cubic yards in the quantity of soil and/or fill to be moved pursuant to a previously issued soil permit, provided that the cumulative quantity of soil moved does not exceed one thousand (1,000) cubic yards within any twelve (12) consecutive months.

**Webmasters Note: The previous definition has been added as per Ord. No. 24-02.

SUITABLE FILL Suitable materials shall include but not be limited to materials such as earth. clay, gravel, stone, dirt, etc as determined by the Engineer.

TOPSOIL shall mean soil and/or fill that, in its natural state, constitutes the top layer of earth and is composed of two (2%) percent or more, by weight of organic matter and has the ability to support vegetation

UNSUITABLE FILL Unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, large rocks, wooden logs, etc as determined by the Engineer,

No owner, applicant, excavator, or other person or entity shall move or cause, allow, permit or suffer to be moved twenty (20) or more cubic yards of soil and/or fill in or upon any lot in the Township until a soil moving permit therefor Shall first have been issued in accordance with the provisions of this chapter.

The procedure for applying for and issuance of a minor soil moving permit shall be as follows

a. Applications for minor soil permits shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in Subsection 17-7.1a of this Chapter Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Township Engineer In addition to any other requirements which the Township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following

1. The name, address and telephone number of the applicant

2. The lot and block numbers and street address of the lot or lots involved

3. The name, address and telephone number of the owner of the property

4. The purpose or reason for the moving of soil and/or fill.

5. The kind and estimated maximum quantity in cubic yards of soil and/or fill to be moved

6. The maximum amount of soil and/or fill to be moved in any one day

7. Tree removal Evidence of compliance with the Township's Tree Conservation Ordinance. Chapter XIII, Article 9 of the General Ordinances of Roxbury Township

8. The proposed date of start and completion of the work

9. The Township engineer may require the applicant to submit an existing topographical map and proposed grading and drainage plan. For applications involving more than 250 cubic yards in the quantity of soil to be moved, the applicant shall give notification by certified mail to the property owners within 200 feet of the subject property. The applicant shall also give notification by certified mail to other property owners who may be directly or indirectly affected if the Township engineer deems it necessary due to the existence of drainage or erosion problems and to protect the health, safety and welfare of the applicant, the property and the community. The notice shall provide for objections to be made within ten days of date of notice, or failing same, the Township engineer may presume that the notified party has no objection to the application. The applicant may obtain a certified list of property owners within 200 feet of the subject property from the Roxbury Township Tax Search Officer upon the payment of the prescribed fee. Notice shall be deemed complete upon the posting of the notice by certified mail, return receipt requested.

**Webmasters Note: Section 17-5 a 9 has been amended as per Ord. No. 24-02.

10. The destination of soil and/or fill to be moved, the route over which the material will be transported, the hours of operation, whether it be actual excavation or soil and/or fill moving activity, or the transporting of soil and/or fill shall be set forth in the application Additionally, all safety procedures and precautions which shall be taken shall be enumerated in the application as well as the method of storage of any soil and/or fill on any property within the Township and all procedures which shall be followed for the storage of soil and/or fill which will ensure that the subject property, abutting properties, any other properties, driveways, walkways, streets, and other facilities will not be adversely affected by the storage of said soil and/or fill and this shall include, but not be limited to, all soil and/or fill erosion and sediment control measures which shall be implemented.

11. The name, address, and telephone number of the person having direct charge over the soil and/or fill moving operation.

12. The name, address and telephone number of the excavator, contractor, or person having express charge, supervision, and control of the actual site excavation or soil and/or fill moving.

13. An alternate person, address, and phone number who may be contacted in the event the person or persons listed in paragraphs 11 or 12 above are not available

14. An applicant proposing to import more than 250 cubic yards of soil and/or fill, excepting screened topsoil, from outside of the Township shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Township Engineer that such soil/fill is clean and free of chemical, biological or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.

**Webmasters Note: Section 17-5.14 has been added as per Ord. No. 24-02.

b. The Township engineer, upon receipt of the application, shall make a field investigation and shall issue the permit or deny it, giving the reasons for denial. The Township engineer will forward a copy of the permit to the Township clerk, the planning board or board of adjustment and one copy to the applicant and shall retain one copy on file. The Township engineer shall classify any minor soil application as a major soil application if he finds that the application should be considered as part of a site plan or subdivision application, or that the application may present drainage or erosion problems, or that it may adversely affect abutting property or other property. The Township engineer may issue a maximum of three minor soil permits for the same site within a five-year period. Subsequent applications for the site will be classified as major soil applications.

**Webmasters Note: Section 17-5 b has been amended as per Ord. No. 24-02.

The procedure to apply for and issuance of a soil permit modification shall be as

a. Applications for soil permit modification shall be filed with the Township Engineer and shall be accompanied by the fees prescribed in Subsection 17-7.1c and Section 17-7.3 hereof Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Township Engineer. In addition to any information which the Township Engineer may require pertinent to the application, the application shall include the following:

1. A copy of the previously issued soil permit as to which modification is being sought;

2. Copies of all previously issued modifications and/or extensions of the soil permit for which modification is being sought;

3. Copies of all site plan, subdivision and/or variance approvals previously issued in connection with the activity to which the subject soil permit applies;

4. A brief description of the proposed permit modifications, including the type and estimated quantity of soil movement to which the modifications would apply, and any new borrow or disposal sites being proposed;

5. For soil permit modification applications involving an increase of more than 250 cubic yards in the quantity of soil to be moved, the Township Engineer may require submission of existing topographical data and a proposed grading and drainage plan. The applicant shall give notification by certified mail to the property owners within 200 feet of the subject property. The applicant shall also give notification by certified mail to other property owners who may be directly or indirectly affected if the Township Engineer deems it necessary due to the existence of drainage or erosion problems and to protect the health, safety and welfare of the applicant, the property and the community. The notice shall provide for objections to be made within ten days of date of notice, or failing same, the Township Engineer may presume that the notified party has no objection to the application. The applicant may obtain a certified fist of property owners within 200 feet of the subject property from the Roxbury Township Tax Search Officer upon the payment of the prescribed fee. Notice shall be deemed complete upon the posting of the notice by certified mail, return receipt requested,

b. Upon receipt of the application, the Township Engineer may conduct a field investigation and shall issue the permit modification or deny it, giving the reasons for denial. The Township Engineer will forward a copy of the permit modification to the Township Clerk, Planning Board or Board of Adjustment, and the applicant. The Township Engineer shall classify any soil permit modification as a major soil permit application if he finds that the application should be considered as part of a site plan or subdivision application, or that the application may present drainage or erosion problems, or that it may adversely affect abutting property or other property.

**Webmasters Note: Section 17-5A has been added as per Ord. No. 24-02.

The procedure for applying for and issuance of a major soil moving permit shall be as follows

On forms prescribed and supplied by the Planning Board or Board of Adjustment, the applicant shall set forth, in duplicate, to the Planning Board or Board of Adjustment, with carbon copies to the Township Engineer and Zoning Enforcement Official's office

(1) The name, address and telephone number of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work. If this information is not available at time of application, it shall be provided to the Township Engineering Department in writing before any construction commences.

a. The name, address and telephone number of the applicant

b. The names, addresses and telephone numbers of the owners of the premises

c. If the soil moving application is submitted in conjunction with site plans and subdivisions and the applicant or owner is a corporation, the names, addresses and telephone numbers of the officers of the corporation, the board of directors and each and every stockholder of record possessing greater than ten (10%) percent interest in the stock of the corporation

d. The relationship between the applicant and the owners.

e. The interest that the applicant has in the lands in question,

f. The description of the lands in question, including lot and block numbers of the lot or lots involved and street addresses

g. The purpose or reason for moving the soil and/or fill and whether it will be done in connection with a proposed subdivision, if so, the date of filing the application for subdivision and the approval date of the subdivision.

h. A detailed statement of the method or process to be employed for the excavation and the proposed time period for moving

i The kind and quantity in cubic yards of the soil and/or fill to be moved or removed

j. In case of deposit, removal, or replacement of soil and/or fill, the place to which the soil and/or fill is to be deposited, removed, or replaced and the place from which the quantity of soil and/or fill to be deposited, moved, or removed, in fill and excavation, and the transportation route to be used within the Township

k. The proposed date of the start and completion of the work, including hours and days of operation

l. The name, address and telephone number of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work. If this information is not available at time of application, it shall be provided to the Township Engineering Department in writing before any construction commences.

m. The number, capacity, type and description of each piece of equipment to be used in the operation and the number of truckloads to be moved.

n. The routes over which the material will be transported and the method of traffic control

o The method of abating noise and dust in the operation

p. Evidence of compliance with the Township's Tree Conservation Ordinance, Chapter XIII, Article 9 of the General Ordinances of Roxbury Township

q. The means of assuring lateral support and preventing erosion, floods and washing of silt into streams

r. The submission of an integral soil and/or fill erosion and sedimentation control plan This plan shall be approved by the Morris County Soil Conservation District where applicable

s. The means of protecting neighboring properties, or any other properties which may be affected, from the effects of the operation

t. If deemed appropriate by the Engineer, the applicant shall supply a certificate from a surveyor licensed in the State of New Jersey that the applicant has placed or caused to be placed stakes at each corner of the lot or lots on which sail and/or fill is to be moved, and further, that the applicant has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of this chapter, clearly marked to indicate the soil cuts and/or fill.

u. In the event that the moving of said soil and/or fill is in connection with development or subdivision, all of the information required under the terms of the applicable Subdivision Ordinance of the Township

v. Such other pertinent data as the Planning Board or Board of Adjustment of the Township may hereinafter reasonably require

w. The moving of soil and/or fill in, to, or from flood plains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained

x. If there is any indication that there are any wetland areas within the confines of the lot which is the subject of the soil moving application then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map and said letter of interpretation shall be submitted to the Township prior to the issuance of any soil moving permit by the Township

y. An applicant proposing to import more than 250 cubic yards of soil and/or fill from outside of the Township shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Township Engineer that such soil/fill is clean and free of chemical, biological, or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.

**Webmasters Note: Section 17-6.1 y has been added as per Ord. No. 24-02.