Long Hill Township City Zoning Code
§ LU-145.1
Soil Removal and Filling of Land.
a.
No excavation or filling of land shall be carried out that will leave a dangerous or unsightly condition, nor a condition that might collect water and cause a mosquito breeding place, nor a condition that might result in depositing silt or debris on neighboring property or any public place, nor a condition that might disturb the natural drainage of any neighboring property or any public place.
b.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or normal grading incidental thereto, without having first obtained a permit therefor from the governing body as hereinafter provided.
c.
Permit Required for Filling of Land.
1.
No person shall fill any land within the Township without first having obtained a permit therefor from the Township Committee hereinafter provided, except in connection with the construction or alteration of a building or in connection with a development application or development permit approved by the Township Planning Board or Board of Adjustment.
2.
The following shall not require a permit:
(a)
The spreading of topsoil for a lawn, provided that there is not a buildup of more than two inches and the areas filled are well within the property lines.
(b)
The filling of holes left by rock or tree stump removal.
(c)
The filling of sunken backfill areas, provided that such filling does not take place more than two years after the completion of the original backfill.
d.
Applications for Permits.
1.
A permit shall be obtained by the filing of a request with the Township Clerk, together with a plan prepared by a New Jersey licensed professional engineer showing the existing contour lines and the proposed contour lines resulting from the intended removal, grading or filling of soil in relation to the topography of the premises. The proposed contour lines and grades are made subject to inspection by the Township Committee. Upon completion of the removal and/or fill, the applicant may be required to furnish the Township as-built plans showing the as-built grades. The contour interval of these as-built plans shall be as directed by the Township Engineer.
2.
The provisions of Subsection d1 hereof shall not apply to the incidental filling of low areas not regulated by Section 143 with clean, odor free, nonputrescible inorganic waste material by a property owner if, in the opinion of the Township Committee, no drainage problem with result. Applications for fill permits under this subsection need not be accompanied by a plan prepared by a New Jersey licensed professional engineer. Filling shall be done on land owned by the applicant and shall be covered with clean earth or, in the case of a driveway, with stones or gravel. The filling shall not excessively exceed the grade of the surrounding area and shall cause no drainage problem. If, in the opinion of the Township Committee, a drainage problem may arise from the filling operation, the provisions of Subsection d1 hereof shall apply.
e.
Application Procedures.
1.
Each application for a soil removal or filling permit shall be on a form provided by the Township Clerk and accompanied by a fee of $10. In addition, each applicant, when filing an application, shall deposit with the Township Clerk the sum of $200 to cover engineering expenses incurred in connection with the processing of the application. The Township may draw against such funds to pay engineering fees as they become due and payable. The Township Clerk shall keep a record of each engineering fee account, and any unexpected portion thereof shall be returned to the applicant without interest. If there are engineering expenses in excess of $200, the applicant shall upon request post additional funds to cover the engineering costs involved in the completion of the project.
f.
The Township Committee shall take into account in passing on any application, in addition to the public health, safety and general welfare, the following factors:
1.
Soil erosion by water and/or wind.
2.
Drainage.
3.
Soil fertility.
4.
Lateral supporting slopes and grades.
g.
In connection with soil removal permits, if the amount of soil for removal of which application is made does not exceed 200 cubic yards and would not be likely to cause a violation of Subsection 145.1a, the Township Clerk is authorized to issue the soil removal permit. Every such permit issued under this subsection shall expire 90 days from its date of issuance.
h.
All permits issued under this section, other than the permit provided for in Subsection 145.lg, shall expire six months from its date of issuance.
i.
No permit for removal of topsoil to sites outside the limits of the Township will be granted.
j.
In the event a permit is not granted, the applicant, upon written request for a hearing made to the Township Committee, shall be given an opportunity to be heard within 30 days thereafter.
k.
Upon the approval of an application, the permit shall be issued to the owner of the land to be excavated or filled.
l.
All materials used in filling shall be clean and odor free. The fill shall be done only on the land owned by the applicant and shall be covered with topsoil and seeded or, in the case of a driveway, with stones, gravel or bituminous concrete. The fill shall not excessively exceed the grade of the surrounding area and shall cause no drainage problem.
m.
Extensive Filling Requirements.
1.
For projects involving extensive filling, the Township may require a performance bond to ensure leveling, covering with topsoil and seeding to the required grades and maintenance of area drainage.
2.
Extensive filling may also require the filing of a before and after general plan, and detailed check plan prepared by a professional engineer, showing the areas to be filled, the before and after elevations, the drainage courses, types and source of material to be used for fill, time schedule, and such other data as the Township Committee may require.
