Union Township City Zoning Code
§ 30-6.9
Carbonate Area District.
[Ord. No. 2001-2, § 1; Ord. No. 2001-6, § 1; Ord. No. 2003-20, § III]
a.
Purpose. Areas within the municipality are underlain by carbonate bedrock such as limestone and dolomite. 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 potentially 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 limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock.
Carbonate aquifers are an important source of groundwater in the municipality. The Township of Union relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, 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 carbonate rock geology, thus protecting the public health, safety and welfare and insuring orderly development within the municipality.
b. AGRICULTURAL USE APPROVAL AUTHORITY BEDDING BEDROCK CARBONATE AREA DISTRICT CARBONATE DRAINAGE AREA CARBONATE ROCK CARBONATE ROCK DISTRICT CAVE CLOSED DEPRESSION COLLAPSE SINKHOLE DEVELOPMENT DISAPPEARING STREAM DISSOLUTION DOLING DOLOMITE DRAINAGE FAULT FISSURE GEOLOGIC INVESTIGATION PROGRAM JOINT KARST LIMESTONE LINEATION MARBLE OUTCROP PINNACLE SHEAR ZONE SINKHOLE (DOLINE) SOIL SOLUTION CHANNELS SOLUTION SINKHOLE SOLUTIONED CARBONATES SPRING SUBSIDENCE SINKHOLES SURFACE RUNOFF VOID
Definitions. For the purposes of this subsection, the following definitions shall apply:
Shall mean the production, keeping or maintenance of plants or animals for sale, lease or personal use.
Shall mean the local land use board constituted pursuant to N.J.S.A. 40:55D-1 et seq. which, for applications involving site plan or subdivision approval, is the Planning Board or Zoning Board of Adjustment.
Shall mean the arrangement of a sedimentary rock in layers of varying thickness and character.
Shall mean a general term for the rock that underlies soil or other unconsolidated material.
Shall mean and is comprised of the Carbonate Rock District and the Carbonate Drainage Area.
Shall mean watershed areas which directly drain into the Carbonate Rock District.
Shall mean rock consisting chiefly of calcium and magnesium carbonates.
Shall mean those land areas underlain by carbonate rock formations.
Shall mean a natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.
Shall mean a shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.
Shall mean a sinkhole caused by the collapse of the roof of a bedrock cavern.
For this section shall be defined as set forth in the MLUL.
Shall mean a stream that enters the subsurface through a sinkhole or other entrance.
Shall mean a space or cavity in or between rocks, formed by the solution of part of the rock material.
See Sinkhole.
Shall mean a carbonate rock that contains more than 15% magnesium carbonate.
Shall mean the process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.
Shall mean a surface or zone of rock fracture along which there has been noticeable differential movement.
Shall mean an extensive crack, break, or fracture in the rock.
Shall mean a program, which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
Shall mean a fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.
Shall mean a type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.
Shall mean a carbonate sedimentary rock consisting primarily of calcium carbonate. Limestone is commonly used as a general term for that class of rocks, which consists of at least 80% calcium or magnesium carbonate. In this subsection the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marble.
Shall mean any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.
Shall mean a metamorphic rock consisting primarily of crystallized limestone or dolomite.
Shall mean an exposure of bedrock projecting through the ground surface.
Shall mean an irregular rock projection often buried beneath the ground surface.
Shall mean a zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).
Shall mean a localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.
Shall mean the material found in the surface layer of the earth's crust which may be moved by a spade or shovel.
Shall mean tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings may serve as the water-bearing openings in carbonate rocks.
Shall mean a depression formed from the slow dissolution of bedrock.
Shall mean carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.
Shall mean a place where water naturally flows from rock or soil upon the land or body of surface water.
Shall mean sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.
Shall mean the part of the precipitation that passes over the surface of the soil.
Shall mean an opening in the soil or rock materials.
c.
Disclaimer. In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations, as contained in the Union Township Carbonate Area District Ordinance herein, shall create no liability on behalf of the municipality, the Township Engineer, the Township Geologist, municipal employees, or municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.
d.
Applicability.
1.
The provisions of this subsection shall be applicable to all development activities in the Carbonate Area District requiring subdivision approval, site plan approval or a building permit for new construction, including single-family detached dwellings, pursuant to § 30-12.3b of this chapter. Nothing in this subsection shall be applicable to developments for which preliminary or final site plan or subdivision approval was granted prior to March 7, 2001.
2.
A waiver from the requirements of this subsection can be requested from the Township Zoning Officer in consultation with the Township Geologist and Township Engineer for the following:
(a)
Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, additions to an existing single-family home in which they reside, and/or any structure within the Carbonate Drainage Area and 1,000 feet or more from the boundary with the Carbonate Rock District as determined from the 1966 USGS Bedrock Geologic Map of Northern New Jersey or more recent bedrock geologic map depicting Union Township. All requirements of this subsection can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that post-construction stormwater discharges are less than or equal to pre-construction stormwater discharges and that these plans and measures receive the approval of the Township Engineer.
(b)
Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, additions to an existing single-family home in which they reside, and/or any structure within the Carbonate Rock District or within the Carbonate Drainage Area and within 1,000 feet of the boundary with the Carbonate Rock District as determined from the 1996 USGS Bedrock Geologic Map of Northern New Jersey or more recent bedrock geologic map depicting Union Township. All requirements of this subsection can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that post-construction stormwater discharges are less than or equal to pre-construction stormwater discharges and that these plans and measures receive the approval of the Township Engineer. In addition, the applicant must complete a waiver application request acknowledging all disclaimers per § 30-6.9c herein.
e.
District Identification.
1.
Carbonate Area District (CAD). The Carbonate Area District is hereby created and shall be any area identified as such upon the Township of Union 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 CAD shall be in addition to those requirements governing the existing zoning district.
The Carbonate Area District shall contain two areas, which shall be known as the Carbonate Rock District, and the Carbonate Drainage Area.
2.
Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the municipality underlain by carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone may exist in the Township of Union. Therefore, the provisions of this subsection may be applied to any development, which in the opinion of the Township of Union, is located in an area underlain by carbonate rock. The CRD map shall be updated as information is developed through the application of this subsection.
3.
Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands, which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from land upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA, which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD, shall be subject to the requirements of this subsection.
f.
Performance Standards for CRD. The following performance standards shall be applicable to development activities occurring in the Carbonate Rock District:
1.
The location of all sinkholes, disappearing streams, or other karst features identified during the geologic investigation program and shown on documents submitted under the Phase I and/or Phase II Checklist[1] shall be drawn on all final plats. The plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All final subdivision deeds shall contain the following wording:
"Block XX, Lot XX is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock.
In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of the Union Township Carbonate Area District Ordinance shall create no liability on behalf of the municipality, the Township engineer, the Township Geologist, municipal employees, municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials."
[1]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
2.
The design and construction of the improvements listed in Table 1[2] shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and groundwater resources.
Carbonate formations present complex design and engineering challenges. As a result, the provisions of Table 1[3] were developed to provide an outline of and geologic procedures, and minimum standards that might be useful to those using this subsection. None of the items is intended to preclude the application of judgment, innovation and experience. Table 1[4] represents the best technical judgment available at this time. As a municipality gains experience with the carbonate chapter and the local geologic conditions, both the level of review and the scope of Table 1[5] may be evaluated.
A number of "testing" procedures are presented in Table 1.[6] These include direct methods, such as site reconnaissance, test pits, test probes and test borings. These direct methods are essentially those procedures, which allow the investigator to physically see or sample some of the geologic parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.
Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures, one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features, which may be of great significance to the project design.
For purposes of better understanding Table 1,[7] a number of specific items are discussed herein.
[2]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
[3]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
[4]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
[5]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
[6]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
[7]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
3.
Direct Methods.
(a)
Site Reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the landforms or karst features, which have occurred on the site over time.
(b)
Test Pits. As described in Checklist II,[8] test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.
[8]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(c)
Test Probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile "jack-hammer" is used. Depth of normal penetration is usually less than 50 feet. The "cuttings" are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
(d)
Test Borings. As discussed in Checklist II[9] test borings can yield virtually complete and relatively undisturbed soil and rock samples. These borings provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
[9]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
4.
Indirect Methods.
(a)
Aerial Photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black and white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.
(b)
Geophysical Procedures. Various geophysical investigation techniques can be used in karst terrains including: ground penetrating radar, electrical conductivity, electrical resistivity, electromagnetic conductivity, very low frequency (VLF) measurement, gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions, which should be interpreted by a person trained in geophysics.
These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.
The variability in physical properties and the solutioned nature of most carbonate rocks require an increase in the number of locations analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.
g.
Procedures and Submission Requirements for the Carbonate Area District.
1.
General Requirements.
(a)
All applicants for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to § 30-12.3b of this chapter, shall undertake a geologic investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I Checklist. Projects located in the Carbonate Rock District shall first complete the Phase I Checklist. Submission of the Phase II Checklist shall be based on the recommendation of the Township's geologic consultant as per § 30-6.9g1(f).[10]
[10]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(b)
A professional engineer or Geologist with experience in karst terrains shall prepare the geologic investigation program. The Township's Geologist shall be similarly qualified to review all project submittals.
(c)
The geologic investigation program shall identify the nature of materials underlying the site.
(d)
The Geologic Investigation Report shall evaluate site information gathered during the geologic 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.
(e)
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.
(f)
After the submission of the information required in the Phase I Checklist[11] and reviewing the Township Geologist's report, the authorized approval authority may grant a waiver from the requirement of part or all of the geologic investigation and report requirements under subsections 30-6.9g4 and 30-6.9g5 below.
[11]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
2.
Geologic Investigation Program Process. For all properties located in the CAD, the applicant shall conduct a comprehensive geologic investigation program. The purpose of this program is to provide the approval authority 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 geologic investigation program involves the following:
(a)
Phase I - completion of the Phase I Checklist by applicant and review by the Township's Geologist, action on completeness by approval authority.[12]
[12]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(b)
Phase II - completion of the Phase II Checklist and proposed Geologic Investigation Program by applicant, review by the Township Geologist and action on completeness by the approval authority; issuance of permit to undertake on-site testing.[13]
[13]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(c)
Applicant undertakes on-site geologic investigation program, with observation by the Township Geologist.
(d)
Submission of a Geologic Investigation Report and site recommendation by applicant.
(e)
Township Geologist's review, report and final recommendation forwarded to approval authority.
(f)
Approval authority acts on the geologic aspects of the proposed project.
3.
Geological Investigation Program Time Limits.
(a)
Completing the Phase I Checklist shall commence an investigation program. The Phase I Checklist shall be submitted to the approval authority and shall be reviewed by the Township Geologist. A report from the Township Geologist shall be rendered to the approval authority within 30 days of the submission by applicant of the Phase I Checklist. The approval authority shall rule on the completeness of the Checklist within 30 days of the receipt of the Township Geologist's completeness report. The Township Geologist report 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.[14]
[14]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(b)
If the Phase II Checklist is required, it shall be submitted to the approval authority and reviewed by the Township Geologist for completeness. A completeness report shall be made to the approval authority within 30 days of the submission by applicant of he Phase II Checklist.[15] The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the Township Geologist's completeness report. The Township Geologist's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Township Geologist recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology, which would provide the requisite data. The Township Geologist may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to § 30-6.9g1(f).
[15]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(c)
At the applicant's option, both the Phase I and/or Phase II Checklist may be submitted simultaneously,[16] in which case the Township Geologist shall submit a completeness report to the approval authority within 30 days of submission of the checklist(s) by applicant. The approval authority shall act on the completeness report within 30 days of submission of the Township Geologist's report.
[16]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
(d)
After the Phase I and Phase II Checklists[17] have been deemed complete by the approval authority and the Township Geologist has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing.
[17]
Editor's Note: Table 1, referred to herein, is included as an attachment to this chapter.
4.
On-Site Investigation Protocol.
(a)
Any on-site investigations and tests undertaken pursuant to this subsection shall not begin until the applicant has received a permit pursuant to § 30-6.9g3(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the Planning Board Secretary for investigations related to subdivision and site plan applications or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, return 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.
(b)
The proposed development site shall be subject to inspection by the Township Geologist, Engineer, or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.
(c)
All samples taken shall be properly preserved and shall be available for examination by the Township upon request until the approval authority takes final action on the application.
5.
Geological Investigation Report Requirements.
(a)
At the completion of the field investigation a formal site investigation report shall be submitted to the Township 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 professional engineer or Geologist referred to in the checklist, analytical methods used on soils, water samples, and rock samples; a one inch equals 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.
(b)
The report shall define the extent of geological findings at the site in relation to the planned development or land use. The recommendations proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
6.
Township Review of Geologic Investigation Report.
(a)
Within 45 days of submission of the Geological Investigation Report by the applicant, the Township Geologist shall review and prepare a completeness report for submission to the approval authority. During the Township Geologist's review of the Geological Investigation Report for proposed development in the CRD, the Township Geologist shall reports, consider the data, formal maps, drawings and related submission materials and shall advise the approval authority whether or not the applicant has provided the Township with:
(1)
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;
(2)
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;
(3)
Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;
(4)
Specific details on inspection procedures to be followed during construction and after project completion.
(b)
The approval authority shall, within 45 days of the receipt of the report from the Township Geologist, approve or disapprove the proposed geologic aspects of the development plan and associated construction techniques. In the event the approval authority denies the proposed development plan and associated construction procedures the approval authority shall state in the resolution its reasons for disapproval.
h.
Reevaluation.
1.
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:
(a)
Report the occurrence of the hazard to the municipal clerk within 24 hours of discovery;
(b)
Halt construction activities which would impact the geologic hazard;
(c)
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 Township Geologist and Engineer;
(d)
After obtaining approval from the Township, 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;
(e)
Repair any damage to improvements and restore ground cover and landscaping;
(f)
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, file an amended application for a site plan or subdivision approval in compliance with the provisions of this subsection.
i.
Compliance and Enforcement.
1.
Compliance with this subsection is required prior to the granting of Township subdivision or site plan approval, the granting of building permits, except as exempted in § 30-6.9d herein, or the Township endorsement of State permits and treatment works approvals, unless the applicant is exempted from the provisions of this subsection or the requirements in this subsection have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this subsection shall be the Township Engineer and Geologist. The enforcement official for building permit applications that are subject to this subsection shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the Township Sanitarian shall serve as the enforcement officer. The Township Geologist, Engineer, or Sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEP permits or Treatment Works Approvals.
2.
Failure to comply with any of the conditions in this subsection 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 geologic report, are not followed and result in actions which adversely impact karst features.
j.
Carbonate Area District Data Distribution. On-site geologic information collected through the provisions of this subsection represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Township Board of Health, the Township Clerk, and a copy filed with the Planning Board Secretary. The Township shall develop a catalogue system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.
k.
Application and Escrow Fees. The applicant shall submit the application fees and escrow deposits in accord with § 30-11.5d for any project in the CAD requiring a submission.
l.
Investigation Checklists Required.
1.
All applications for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings, pursuant to § 30-12.3b of this chapter and located within the CAD shall be accompanied by completed checklists as an initial step of the geologic investigation required herein.
2.
Procedure for Submission of Documents.
(a)
The applicant shall submit the completed Phase I Checklist[18] to the Township of Union Planning Board for distribution to the Township Geologist. Applicants shall also submit the required application fee and escrow as per the Township's posted escrow and fee requirements.
[18]
Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.
(b)
Phase I and II Checklists may be completed and filed prior to the completion of other required submissions at the applicant's option.[19]
[19]
Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.
(c)
The applicant and the municipal approval authority will be advised within 30 days of submission of the Phase I Checklist whether a waiver of completion of the Phase II Checklist is being recommended by the Township Geologist. The Township Geologist may recommend a waiver of some or all of the required investigations as provided herein. The approval authority will act on the Township Geologist's completion report within 30 days of receipt. Notice of the Township's action will be forwarded to the applicant in writing.
3.
The Phase I Checklist[20] is intended to ensure that the information to be submitted by the applicant demonstrates that the applicant has sufficient information available on geologic issues to enable the applicant to prepare a plan for investigation of the proposed development site.
[20]
Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.
4.
Any applicant with questions regarding whether applicant is entitled to a waiver of some or all segments of the geologic investigation is encouraged to contact the Township Geologist prior to the commencement of the preparation of the geotechnical investigation program.
5.
The following checklists shall apply as required herein.[21]
[21]
Editor's Note: The Checklists, referred to herein, are included as an attachment to this chapter.