Areas within the municipality are underlain by carbonate bedrock. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as karst. These conditions make such areas unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, or increased loads from site improvements can lead to land subsidence and sinkholes. Fractures or solution openings and fissures in the carbonate rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination.

The purposes of enacting this chapter are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of limestone geology, thus protecting the public health, safety and welfare and insuring orderly development within the municipality.

(Ord. 2001-01 § 1)

The provisions of this chapter shall be applicable to development activities in the carbonate rock district requiring: (1) major subdivision approval; (2) major site plan approval; or (3) septic systems and wastewater disposal systems requiring state permits or treatment works approvals pursuant to existing land use statutes or ordinances.

(Ord. 2001-01 § 2)

The carbonate rock district (CRD) is created and shall be any area identified as such upon the borough of Califon zoning map. The district shall be constituted as secondary, or as an "overlay," to the zoning districts heretofore established by the zoning map and may encompass all or portions of more than one existing zoning district. Regulation of the CRD shall be in addition to those requirements governing the existing zoning district.

(Ord. 2001-01 § 3)

A.

General Requirements.

1.

All applicants subject to the applicability requirements in Section 16.40.020 shall undertake a geotechnical investigation program. Projects located in the carbonate rock district shall first complete the Phase I Checklist (available from the planning board secretary). Applicants who wish to demonstrate a technical basis to justify a waiver for part of or all of the geotechnical investigation requirements shall request such waiver and provide said basis with the submission of the Phase I Checklist. Submission of the Phase II Checklist (available from the planning board secretary) shall be based on the recommendation of the municipal geotechnical consultant as per subsection (A)(6) of this section.

2.

The geotechnical investigation program shall be prepared by a New Jersey licensed, professional engineer or certified geologist with experience in karst terrains. The borough's geotechnical consultant (GTC) shall be similarly qualified to review all projects submitted.

3.

The geotechnical investigation program shall identify the geologic nature of the materials underlying the site.

4.

The geologic investigation report shall evaluate site information gathered during the geotechnical investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.

5.

In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.

6.

After the submission of the information required in the Phase I Checklist, the planning board may grant a waiver from the requirement of part or all of the geotechnical investigation and report requirements under subsections C and D of this section, upon recommendation of the municipal geotechnical consultant.

B.

Geotechnical Investigation Program Process. For all properties located in the CRD, a comprehensive geologic investigation program shall be conducted by the applicant. The purpose of this program is to provide the planning board with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geotechnical investigation program involves the following:

1.

Phase I. An investigation program shall be commenced by completing the Phase I Checklist. The Phase I Checklist shall be submitted to the planning board and reviewed by the municipal GTC. A report from the GTC shall either recommend that the Phase II Checklist be prepared and submitted or, in the alternative, that portions or all of the requirements of the Phase II Checklist be waived.

2.

Phase II. The Phase II Checklist and proposed geotechnical investigation program shall be submitted to the planning board and reviewed by the municipal GTC. Upon receipt of a recommendation for approval of the testing methodologies presented in the Phase II Checklist by the GTC, a permit to undertake on-site testing will be issued by the planning board.

3.

The applicant shall undertake on-site geotechnical investigation program, with observation by municipal GTC.

4.

The applicant shall submit a geologic investigation report and site recommendations.

5.

The municipal GTC shall review the geologic investigation report and present final recommendations to the planning board.

6.

The planning board will act on the geotechnical aspects of the proposed project.

C.

On-Site Investigation Protocol.

1.

Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to subsection (B)(2) of this section. Applicant shall also be responsible for providing, at least fifteen (15) days prior to commencement of any testing procedures, written notice of same to the municipal clerk, which notice shall be transmitted by certified mail, returned receipt requested or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.

2.

The proposed development site shall be subject to inspection by the GTC or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.

3.

All samples taken shall be properly preserved and shall be available for examination by the municipality upon request until final action is taken by the planning board on the application.

D.

Geotechnical Investigation Report Requirements.

1.

At the completion of the field investigation, a formal site investigation report shall be submitted and include any of the following required information gathered during the testing protocol: logs of all borings, test pits, and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and groundwater, names of individuals conducting tests if other than the New Jersey licensed, professional engineer referred to in the checklist, analytical methods used on soils, water samples, and rock samples; a one inch equals one hundred (100) feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.

2.

The report shall define the extent of geotechnical findings at the site in relation to the planned development or land use. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.

E.

Municipal Review of Geotechnical Investigation Report.

1.

Within forty-five (45) days of submission of the geotechnical investigation report by the applicant, the GTC shall review and prepare a completeness report for submission to the planning board. During the GTC's review of the geotechnical investigation report for proposed development in the CRD, the GTC shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the planning board whether or not the applicant has provided the municipality with:

a.

Sufficient design, construction and operational information to insure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community;

b.

Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;

c.

Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;

d.

Specific details on inspection procedures to be followed during construction and after project completion.

2.

The planning board shall approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event the planning board denies the proposed development plan and associated construction procedures, the planning board shall state in the resolution its reasons for disapproval.

(Ord. 2001-01 § 4)

A.

In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases, the applicant shall:

1.

Report the occurrence of the hazard to the municipal clerk within twenty-four (24) hours of discovery;

2.

Halt construction activities which would impact the geologic hazard;

3.

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the municipal geotechnical consultant;

4.

After obtaining approval from the municipality, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;

5.

Repair any damage to improvements and restore groundcover and landscaping;

6.

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.

(Ord. 2001-01 § 5)

A.

Compliance with this chapter is required prior to the granting of: (1) major subdivision; (2) major site plan approval; or (3) municipal endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the planning board or board of adjustment and subject to this chapter shall be the municipal engineer and the municipal GTC. The municipal GTC, engineer, or sanitarian shall serve as the enforcement officials for wastewater systems requiring state permits or treatment works approvals.

B.

Failure to comply with any of the conditions in this chapter may result in the issuance of a stop work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions which adversely impact karst features.

(Ord. 2001-01 § 6)

On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the municipal board of health, the environmental commission, the municipal clerk, and a copy filed with the planning board secretary.

(Ord. 2001-01 § 7)

For any project in the CRD requiring a submission, there shall be an application fee of two hundred dollars ($200.00). Additionally, there shall be posted with the municipality a review escrow as follows:

A.

Escrow for the Phase I Checklist: five hundred dollars ($500.00) plus one hundred dollars ($100.00) per acre for each acre of the project site in the carbonate rock district.

B.

Escrow for the Phase II Checklist: one thousand dollars ($1,000.00) plus five hundred dollars ($500.00) per acre of land being developed in the carbonate rock district.

(Ord. 2001-01 § 8)