Ordinance No. 19-28

Introduced: November 25, 2019
Public Hearing: December 9, 2019
Status: Adopted

An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending Chapter 484 of the Municipal Code of the Township of Vernon Entitle “Soil Fill Placement”

WHEREAS, the unregulated and uncontrolled dumping of fill in the Township of Vernon (“Township”) has resulted in conditions detrimental to the health, safety and general welfare of the citizens of the Township; and

WHEREAS, the Mayor and Township Council adopted Chapter 484 of the municipal code to regulate the placement of fill within the Township: and

WHEREAS, the Mayor and Township Council have proposed amendments to Chapter 484 of the Municipal Code.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council of the Township of Vernon as follows:

SECTION 1. Chapter 484, Section 5. Exceptions and Exemptions - is amended to delete subsection C and replace it in its entirety with the following:

C. A separate soil permit under this chapter shall not be required for subdivisions, site plans and/or lot development permits approved pursuant to Chapter 330, Land Development Subcode of the Township of Vernon, however, any soil fill material used as part of subdivisions, site plans and/or lot development permits must be in conformance with the requirements of Chapter 484, Section 6.C.(6).

SECTION 2. Chapter 484, Section 6. Application for Permit - is amended to delete subsection A and replace it in its entirety with the following:

A. Application for a minor soil fill permit shall be filed with the Township Zoning officer who shall issue the permit based upon substantial compliance with the provisions of this chapter; provided, however, that the Township Zoning Officer and/or 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. The denial shall be in writing setting forth reasons for same. In the event that the applicant is applying or has applied for more than one minor soil permit in a one-year period, for the same premises, the permit shall be reviewed by the Zoning Officer to determine if within that one-year period prior to the new application being made that the total soil fill will be in the aggregate 500 cubic yards or more. In the event that the soil fill will be 500 cubic yards or more in the aggregate, the applicant shall be required to apply for a major soil permit in accordance with Chapter 484 of the Township Code. Action on an application for minor soil fill permit shall be taken within 20 business days of receipt of all required items.

SECTION 3. Chapter 484, Section 6. Application for Permit - is amended to delete subsection C.(6) and replace it in its entirety with the following:

(6) 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.

  1. 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.
  2. A minimum of two (2) samples are to be extracted from the source for laboratory analysis for each one-thousand (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.
  3. Natural material obtained from a quarry shall be exempt from the testing criteria; however, a receipt from the quarry with the material amount is required.
  4. Proof shall include copies of trucking records stating the location of where the soil fill material was picked up and the location of where the soil fill material was delivered.
  5. The source from where the soil is coming from shall be provided with the permit application and shown on the plans, including tax lot and block; owner’s name municipality.

SECTION 4. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 5. This Ordinance shall take effect immediately upon final passage, approval, and publication by law.