Ordinance No. 21-26

Introduced: August 9, 2021
Public Hearing: August 23, 2021
Status: Adopted

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 Entitled “Soil Fill Placement”

Note: Strikeouts are deletions. Underlines are added material.

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 Township Council, with the support of the Mayor, adopted Chapter 484 of the municipal code to regulate the placement of fill within the Township; and

WHEREAS, a recommendation has been made to revise the regulations on the placement of fill within the Township to allow more fill but to maintain a threshold that will ensure the health and safety of the Township’s residents and ecology.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council of the Township of Vernon that the code of the Township of Vernon is hereby amended as follows:

SECTION 1
§ 484-3. Definitions.

MINOR SOIL FILL PERMIT
A permit for the fill of more than 100 200 cubic yards but less than 500 cubic yards or more of soil.

SECTION 2
§ 484-4. Permit required.

No person shall fill or cause the placement of any soil on any premises in the Township of Vernon, whether such fill be for sale, gift or otherwise, unless a permit therefor is first secured from the Township Zoning Officer and/or Township Engineer or the Township Land Use Board as hereinafter provided. A permit shall be required for the moving or placement of 100 200 cubic yards or more of soil or fill, in the aggregate, at any time.

SECTION 3
§ 484-6. Application for Permit.

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 100 200 cubic yards or more. In the event that the soil fill will be 100 200 cubic yards or more in the aggregate, the applicant shall be required to apply for a major or minor 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 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 as provided by law.

Note: Strikeouts are deletions. Underlines are added material.