HomeMy Public PortalAbouto 99:2499-24
Councilman
Presents the following Ordinance Seconded by Councilman
AN ORDINANCE TO SUPPLEMENT AND AMEND CHAPTER 160 LAND
DEVELOPMENT OF THE REVISED, GENERAL ORDINANCES OF THE
BOROUGH OF CARTERET BY ADDITION OF A NEW SECTION TO BE
INDEXED AS SECTION 160-83A AND TO BE ENTITLED "SOIL REMOVAL
AND FILL PLACEMENT"
BE IT ORDAINED by the Borough Council of the Borough of Carteret, in the County of Middlesex
and State of New Jersey, as follows:
1. That Chapter 160 of the Revised General Ordinances of the Borough of Carteret entitled "Land
Development" is hereby amended and supplemented by the addition of a new section to be indexed as
Section 160-83.A and to be entitled "Soil Removal and Fill Placement" and to read as follows:
160-83A FILL PLACEMENT
160-83A.1 Title, Introduction, Purpose and Applicability.
Title. This section shall be known as the Borough of Carteret, County of Middlesex Fill
Placement Regulations.
2. Introduction.
The unregulated and uncontrolled movement, delivery and placement of fill by the
owners or developers of property within the Borough is likely to result and has
resulted in conditions delrimental to the publi'c l~alth, safety and general welfare of
the citizens of the Borough. The unregulated and uncontrolled movement, delivery
and placement of fill to or on lands within the boundaries of the Borough will create
one (I) or more of the following conditions: Serious erosion by wind and water;
inadequate and improper or complete lack of surface water drainage; a decrease in
or destruction of the fertility of the soil; the creation of excessive amounts of dust
and the deposit of such dust and siltation on adjoining property; the deposit on the
street~ of the Borough of large quantities of mud, dirt or dust; the deterioration of
adjoining property values; the rendering of lands unfit or unsuitable for their most
appropriate uses; and other conditions hampering and interfering with the
coordinated and harmonious physical development of the Borough.
c. Purpose.
When peculiar topographic conditions exist on a property which substantially
constrains its development for the purpose for which it is zoned oX the purpose for
which it is intended to be developed; the placement of fill, when properly regulated,
shall be pem'dtted only when it is determ/ned that such activity is essential to the
development of the property in accordance with its zoned or proposed use and
'purpose.
The above criteria, as can be demonstrated during an application for subdivision or
site plan approval, shall be the only basis for granting a fill placement approval.
All fill placement projects that involve land disturbance should be planned and
designed in order to address the criteria set forth in Chapter 160.
Applica. bility. This section intends to prokibit fill placement except in those instxnces where
same ts required to develop and use lands in accordance with Chapter 160 Land
Development.
No fill placement will be permitted in the Borough, unless the placement of fill shall
be necessary for and done in conjunction with the development of the site, and an
application to permit such placement has been first approved by such land
development review Board as shall have appropriate jurisdiction with respect to the
related development application.
No fill placement application will be reviewed until a complete development
apphcation for site plan or subdivision is submitted with the request for fill
placement.
NO, 9'--24__ PAGE ?
E~xceptions:
(a.)
T~.e placement of fill associated with the construction of an individual single
or two-family dwelling or appurtenances thereto, including but not limited to
private sewage disposal syStems, driveways, and landscaping shall be exempt
from the provisions of this section.
Exceptions shall be made from the requirements of th/s Ordinance for
,~ uesm cnannels and boat slips on their prope~y in the course of
and furtherance of their marina operatir~ns; in addition, the desilting of
streams/dralnageways for maintenance purposes shall also be exempt.
This exception shall be subject to the verification of the following
information by the Borough Zoning Officer:
1. All dredged material shall qualify as "native fill material" as defined
h~rain.
2. Afl applicable permits from the appropriate State and Federal
Agencies have been received and flied, as required, with a copy to be
provided to the Borough Clerk. Permits must be valid and in effect
as of the time of any dredging activities.
(c.) Exceptions shalI be made for site maintenance and landscaping and for site
plan and subdivision applications resulting in less than five hundred (500)
cubic yards of fill being placed on a site providing that specific grades are
consistent with Board approvals.
(d.) Movement, cut, fill, excavation, and placement of native fill materials within
the same site pursuant to an approved subdivision or site plan approval shall
not require a fill placement permit.
(e.) The plowing, spading, cultivating or harrowing of soil or any operation
usually associated with the tilling of soil for agricultural' or horticultural
purposes .and any operations for the purpose defined or prescribed by the Soil
Conservation Service of the Department of Agriculture, shall be exempt from
the provisions and requirements of this section.
This Chapter shall apply to all existing (conforming and nonconforming) /]1I
placement operations.
5. All existing fill placement approva s, upon expiration, shall require application for
s~te plan and/or subdivision approval.
160-83A.2 Definitions. As used in this section:
Applicant shall mean an individual, partnersklp or corporate entity who applies for approval ora fiI1
placement permit.
Class II-A Aquifer means any aquifer designated as such pursuant to N.J.A.C. 7:9-6. These aquifers
represent ground waters with a designated use of potable water and conversion to potable water.
Contaminant means any hazardous substance, hazardous constituent, hazardous waste or pollutant.
Contaminated Site means any property, including but not limited to, structures, sediment, soil and
water, that contains a contaminant which is present at such levels of concentration as to require
remedial action pursuant to any Federal or State statutes or regulations.
Contractor shall mean uny person engaged in the moving, delivery or placement of fill from, in or
upon any land in the Borough. The Contractor may be an independent contractor or firm engaged
by the applicant; however, he shall be governed by all terms and conditions of the approval and all
standards and requirements of the ordinance.
Developer means the legal or beneficial owner or owners of a lot or of any land proposed to be
included in a proposed development including the holder of an option or contract to purchase, or
other person having an enforceable proprietary interest in such land.
Dredge or Dredging shall consist of the following:
D~r. edging, Maintenance~ - the removal of accumulated sediment from author/zed and currently
.- PAGE 3
NO... 99-2~
maintained navigatio~ channels, marinas, or boat mooring areas, for the purpose of
maintai.ning aa authorized water depth and width.
Dredging. New - the removal of sediment from the bottom of a water body that has not been
previously dredged or excavated, for the purpose of increasing water depth, or the widening
or deepening of navigable channels to a newly authorized depth or width.
Dredged Material means material removed by the action of dredging.
Effluent means a discharge of pollutants into the envirbnment, whether untreated, partially treated,
or completely treated. ·
Fill or Fill Material means sand, gravel, earth, soil, dredged material, or other materials of any
composition whatsoever the placement of which upon a site results in a change to the topography
of a site.
Native Fill Material shall mean fill material as defined herein whose point of origin
is from a site located within the boundaries of the Borough of Carteret as depicted
on the Current Borough Tax Maps.
Remote Fill Material shall mean fill material as defined herein whose point of origin
is from a site located outside the boundaries of the Borough of Carteret as depicted
on the current Borough Tax Maps.
Hazardous Discharge Site means any location at which hazardous substances have been or are
suspected to have been discharged, and shaIl include any area to which the hazardous substance
contamination has migrated or may migrate.
Hazardous Substance means any hazardous substance as defined pursuant to section 3 of P.L. 1976,
c.141 (C.58:10-23.11b), hazardous waste as defined pursuant to section 1 of P.L. 1976, c.99 (C.13:1E-
38), or pollutant as defined pursuant to section 3 of P.L. 1977, c.74 (C.58:10&-3).
Move shall mean to dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter or
change the location or contour ofaay site, or to transport and to supply fill material or soil from one
parcel or premise to another. On site or on premise excavating, depositing, placing, filling, grading
and regrading does not require a fill placement approval.
Owner shall mean any person seized in fee simple of any land, or having such other interest or estate
as will permit the exercise of effective possession, dominion or control of such land.
Permittable Effluent Contaminant Levels means dissolved priority pollutant +40 contaminant levels
within the effluent which are below the Groundwater Quality Criteria for Class II-A Groundwater
as set forth at N.J.A.C. 7:9-6.
Permittable Soil~Sediment Contaminant Levels means orioritv nolintant +40 contaminant levels
whf~h are below the most str~gent Soil Cleanup Criteria, as set forth by the NJDEP.
Premises shall ?nean the property which is the subj oct of a development application.
Priority Pollutant Plus 40 or PP+40 means the priority pollutant list of 126 compounds and
elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 non-
targeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis.
For the purpose of this chapter, a PP+40 scan means the analysis of a sample for all priority
pollutants except those as analyzed using GC/MS aaalytical methods. Non-targeted compound
criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement
of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date which the
laboratory is performing the analysis.
Remedial Action means those actions taken at a hazardous discharge site including the removal,
treatment, containment, transportation, securing or other engineering or treatment measures,
including related operations and maintenance activities, whether ora permanent nature or otherwise,
designed to ensure that any discharge at the hazardous discharge site is mmediated in compliance
with the applicable mmediafion standards, and the sealing or closure of wells and groundwater
supplies contaminated by a discharge.
Remediation means all necessary actions to investigate and cleanup any known, suspected, or
threatened discharge of hazardous substances, including, as necessary, identifying areas of concern
and determining the presence of hazardous substances, the collection and evaluation of data adequate
to determine whether or not discharged hazardous substances exist, determining the nature and
extent ofaay discharged hazardous substance and any problems presented by a discharge, and the
performance of a remedial action.
Unpermittable Materials means any soil, sediment, dredge or other materials containing a
contaminant above permittable soil/sediment contaminant levels and/or effluent containing a
contaminant above the permittable effluent contaminant levels.
99~-24
PAGE
Water Supply Facilities means the plants, structures, public or private wells, intercounections
between existing water supply systems, machinery, equipment and other property, real, personal, and
mixed, consU-ucted or operated, or to be constructed or operated, for the purposes of augmenting the
natural water resources of the State and making available a supply of watar for all uses, and any and
all appurtenances necessary, useful or convenient for making available, collecting, impounding,
storing, improving, treating and filtering, or transmitting water.
160-83A.3 Permission for Placement of Fill
1. Application Hearing.
No owner, applicant, developer, contractor, subdivider or other person shall move,
deliver, place fill or otherwise disturb, cause, allow, or permit fill to be moved to any
property in thc Borough for use other than on thc property from which it is being
taken, until, after application to and a public hearing by the appropriate Board, the
Board shall determine that the placement of fill in the amount applied for is essential
to thc development of thc promises upon which the fill is to be placed for a use that
is permitted or as may be specifically approved.
Application .Procedure.
An owner or applicant, who claims that it cannot develop its properly without the
placement of fill in excess of that available on-site, shall make application to the
appropriate Board for a fill placement permit, together with an application for site
plan or subdivision approval.
The applicant shall submit a map or plat with the application as provided for in the
Land Use and Subdivision and Site Plan Ordinances and shall delineate the place or
places on which the fill is to be placed. The application shall also specify the number
of cubic yards of fill to be delivered; the length of time necessary to do so, and a
statement indicating why it is essential to the development of the premises to place
that mount of fill. The Board shall schedule and conduct a public hearing on the full
application for development in accordance with applicabl,e provisions of the
Municipal Land Use Law, as revised to date. Following the public hearing, it shall
make findings and conclusions, based on the evidence submitted to it as to whether
the placement of fill as applied for is essential to the development of the premises for
a permitted use, taking into account the grades of abutting streets and lands, adjacent
land values and uses, drainage, and all other factors as listed in Subsection 160-83A.7
as may bear upon or relate to the coordinated and harmonious physical development
of the Borough.
The conclusions and findings of the appropriate Board shall be incorporated in its
resolution &approval or rejection of the application.
Application Filing Procedure. The applicant shall file the required number of applications,
plans and requi~ed other materials in the time frame as stipulated in the Land Use and Land
Subdivision and Site Plan Chapters of the Borough ordinance regarding Land Development.
In addition to the data required for the subject site plan or subdivision, the following
information shall be provided:
1. The identity and address of the applicant and owner of the land.
The name of the individual who represents the applicant and who will be responsible
for conformance with permit and ordinance requirements. The proper mailing address
for the individual and a telephone number or numbers where the individual may be
reached.
3. The name, address and telephone number of the contractor who will be doing the
actual work on the premises.
4. A description of the land and premises in question.
5. An estimate, in cubic yards, of the quantity of fill to be brought onto the site.
6. The proposed dates of commencement and completion of the work.
An estimate of the type and number of machines and other equipment to be used in
the operation; the dally stardng and finishing time during which the machines are to
be operated; and the means of protection to be provided to prevent unauthorized
access.
8. The point of origin of all fill material proposed to be utilized on the project.
NO,._00-~&
PAGE.
9. Receipt of origination for all fill material
Map of the Area for Fill Placeraent. With the application there shall be filed the required
number, per ordinance, of topographic maps of the site upon which the proposed fill
placement operations are to be conducted and an engineering plan showing surrounding lands
within two hundred (200') feet of the perimeter of site, which is the subject matter of the
application, prepared and certified by a licensed professional civil engineer or land surveyor
of the State of New Jersey, on the scale of not less than one (1") inch equals one hundred
(1 Off) feet, and as referred to in the United States Coast and Geodetic Survey Data showing:
1. The dimensions of the site and the lot and block number of each lot which is included
in the site and each lot surrounding the ~ite within two hundred (200') feet as shown
on the most current tax map of the Borough.
2. The present grade on a fifty (50') foot grid layout with contour lines at two (2') foot
levels up to and including five (5) acres; or for more than five (5) acres, one hundred
(100') foot grids with contour lines at five (5') foot levels. If topographic maps are
obtained by aerial topography, the required grid layout may be superimposed on
same. Where access to adjoining lands is not permitted, the contour lines of the
perimeter lands shall be taken from the available State of New Jersey or United
States Coast and Geodetic Survey Map of the particular area.
The existing elevations of ail buildings, structures, streets, streams, bodies of water
and water courses, natural or artificial.
All existing surface and subsurface water drainage conditions and provisions
therefore, both on site and offsite.
All wooded areas.
The proposed grades at points in paragraph d.2. when the work has been completed
with the requirements as contained therein.
7. The quantity, in cubic yards, of the amount of fill which is to be brought to the site.
8. The grades of ail abutting streets and lands within 200' of the pl'~misas.
9. Proposed slopes and lateral supports at the limits of the area upon completion of the
proposed work.
10. The proposed detail of surface-water drainage and of any streams, bodies of water
and water courses, natural or artificial.
11. Location and description of one (1) bench mark elevation for each twenty (20) acres.
12. Boundary survey map prepared by a New Jersey licensed land surveyor showing
location of all property corners with concrete monuments set at each point.
13. A sediment and erosion control plan for the fill placement operation which must
conform with the standards of this Chapter in subsection 160-83A. 14
Addit. ional Information. The applicant shall furnish any other pertinent data the Board may
require aRer it has examined the proposed project, including means and methods for site
restoration.
160-83A.4 Fees
a. Fees for Application.
At the time of application to the Board, a fee for application review shall be paid to
the Borough in accordance with the following schedule. This fee shall be in addition
to the Site Plan and Subdivision Review fee:
(a)
0 - I0,000 c.y. or part thereof;
or fees commensurate with
actual costs to the Borough
$ 500.00
(b) I0,001 - 50,000 c.y.: $1,000.00
(c) 50,001 - 300,000 c.y.: $2,000.00
(d) 300,001 - 1,000,000 c.y.: $3,000.00
5
NO...99-'2.4 __ 6
PAGE
(e) 1,000,001 . or more c.y.:
$4,000.00
Application fees have been determined to represent those reasonable costs incurred
by the Borough for administrative services in processing a fill placement application.
Fees are non-refundable if application for permit is denied.
Fees for Fill Placement.
If the Board approves an application for the placement of fill, a fee for placement
shall be paid to the Borough prior to the commencement of any site activity in
accordance with the following schedule:
(a) 0 - 10,000 c.y. or part thereof:
or fees commensurate with $ 300.00
actual costs to the Borough
(b) 10,001 - 50,000 c.y.:
$ 500.00
(c) 50,001 - 300,000 c.y.: $1,000.00
(d) 300,001 - 1,000,000 c.y.: 5;2,000.00
(e) 1,000,001 - or more c.y.: $3,000.00
2. Fill placement fees represent reasonable costs related to application for
administrative, police and code enforcement work.
Fees for Inspection.
There shall be a fee to cover the cost of inspection and enforcement of the provisions
of this Chapter, commensurate with actual costs to the Borough, but estimated based
upon the total number of yards to be placed, in accordance with the following
schedule:
(a) 0 - 10,000 c.y. or part thereof:
or fees commensurate with $ 2,000.00
actual costs to the Borough
(b) 10,0001 - 50,000 c.y.: $ 4,000.00
(c) 50,001 - 300,000 c.y.: $ 8,000.00
(d) 300,001 - 1,000,000 c.y.: $12,500.00
(e) 1,000,001 - or more c.y.: $15,000.00
Inspection fees in accordance with the above schedules shall be posted with the
Borough Clerk prior to the commencement of any activity.
To insure conformity to the requirements of this Chapter, inspections shall be made
by the Borough Engineer or his/her authorized and qualified agent of the land in or
upon which fill placement operations are being conducted. The Zoning Officer, with
the advice of the Borough Engineer, may upon written notice to the applicant issue
a stop order for violations of the fill placement provisions of this Chapter, or the
Resolution of Approval. Work shall not resume until the violations have been
corrected and in the event of the discontinuance of the activity, which caus
and/or siltation ,,r~,~,T ........... '~ es erosion
e ..... -,0 u~ umer proulems detrimental to the environment, the
performance bond for the development may be utilized to guarantee the proper
performance of the fill placement. In addition, such inspection fees as are to be
posted with the Borough may be used, upon recommendation of the Borough
Engineer, to engage an independent certified testing laboratory to sample the fill
material being placed on the site to insure it complies with the provisions of this
Ordinance.
~49.. 99-~24
PAGE.
160-83A.5 Performance Guarantees.
Posting Amount. No fill placement permit will be issued until the applicant has
posted with the Borough a performance guarantee in a form and with surety that is
acceptable to the Borough and in an amount that the Borough Engineer deems to be
reasonable, using, the following as a standard:
Fill placement - grading - drainage.
Two hundred ($200.00.) dollars/Acre minimum to five hundred
($500.00) dollars/Acre ~aximum.
Topsoil.
One thousand ($1,000.00) dollars/Acre minimum to three thousand
($3,000.00) dollars/Acre maximum.
Seeding.
One thousand two hundred ($1,200.00) dollars/Acre minimum to
three thousand five hundred ($3,500.00) dollars/Acre maximum.
The engineer shall determine the applicable amount of Performance
Guarantees to be posted taking into account the nature and extent of the work
to be done; the type and character of the soil; the extent and depth of the
various fills; the extent to which the area of operations is wooded; the
proximity ofpruposed operations to streets, buildings, structures, natural or
artificial streams or water courses; the general drainage conditions; amount
oftopsdil required; and such other factors as may bear on the operafion. The
performance guarantee will be conditioned upon the full and faithful
performance by the applicant within the time specified in the application, of
all the proposed work in accordance with the provisions of this Chapter and
of the fill piacement approval issued pursuant hereto.
160-$3A.6 Reimbursement to Borough.
In addition to such fees as may be required in accordance with Section 160-$3A.4 an
applicant shall be obliged to reimburse the Borough for the cost of all extraordinary
costs or expenses necessitated as a result of unforeseen difficulties or exigencies or
necessitated by or resulting from any violation of any provision of this chapter,
including specifically all engineering fees, attorney's fees and costs incurred by the
Borough in prosecuting any complaint in the municipal court for violation of the
provisions of this ordinance or any costs or fees incurred by the Borough in
conducting a hearing or hearings for revocation or suspension of any permit or
obtaining injunctive or other relief in the Superior Court or any Appellate Court.
160-83A.7 Conditions for Granting Approvals.
General Conditions. During the review of the application the Board shall take into
consideration the public health, safety and general welfare and shall give particular
consideration to the following factors:
Zoning Regulations
Site Plan or Subdivision Plans
Soil erosion and sediment control
Drainage/Runoff
Noise
Methods for Transporting, Depositing or Directing Fill
Lateral support slopes and grades of abutting streets and lands
Land values and uses
Aesthetics
Provisions for restoration and vegetative cover
Buffeting
Grading
Proximity to Stream Areas
Environmental Constraints
Threatened and Endangered Species
Proximity to Residences/Businesses
Airbome Particulates
Pests, Rodents, and Birds
Odors
Wetlands
Traffic Patterns
Other factors that may bear upon or relate to the coordinated and harmonious
physicaI development of the Borough.
NO..99k~4-
PAGE 8
The placement of fill shall not create conditions inimical to the public health, welfare and safety;
shalI not result in the creation of soil erosion, environmental, sedimentation, or soil fertility
problems, or depressed land values, nor shall create any drainage problems or other unsafe
conditions. Permission to place fill may be granted only subject to all other provisions of this
Chapter.
b. Cond#ions for Approval.
The Borough Engineer sh~ti review available sampling data, frequency,
QA/QC and other such para~neters, for compliance with Section 160-83A.8
Failure to fully satisfy any and all applicable requirements shall result in
rejection of the application.
Criteria for determination of permittable materials shall be in accordance with
the following:
(a.) Soi~I
(1.)
All targeted contaminant concentrations in ail required
samples shall be below the applicable NJDEP Soil Cleanup
Criteria (last revised 2/3/94); and the soil must be classified
as non-hazardous by the NJDEP.
(b.) .Dredge Materials
(i.)
All targeted contaminant concentrations in all required
samples shall be below the applicable NJDEP Soil Cleanup
Criteria (last revised 2/3/94); and the fill must be classified as
non-hazardous by the NJDEP; and
(c.)
(2.). Analysis of all targeted parameters within the effluent (in
accordance with the Management .'of Dredge Materials
document) shall be below the anDlicable NJDEP Groundwater
Quality Standards for Class II-A aquifers.
General
(I.)
For fill materials generated from outside the limits of the
Borough, no deviation from the waste classification
requirements ( As set forth at NJAC 7:26-8.5) shall be
permitted by the local authority.
(2.)
Under no circumstances shall the Borough permit .the
pJacement of fill materials from any contaminated site, or any
s~te which is undergoing (or has previously undergone)
remediation of a hazardous material discharge or has been
generated as the result of a remedial action.
(d.)
(3.) An Environmental Impact Statement (EIS) shall be required
unless justification for a waiver is provided by the applicant
and approved by the reviewing Board.
Additional Applicable Regulations
(1.) No construction work associated with a Fill Placement
Approval will be allowed to proceed until the applicant has
satisfied all applicable State and Federal requirements.
Additional permits/regulatory agencies which may be required
to issue approval include but are not limited to the following:
i. Flood Hazard Area Control Act
ii. Freshwater Wetlands Protection Act
iii. Water Pollution Control Act
iv. Waterfront Development Law
v. County Development Agency
vi. Soil Erosion/Sediment Control Agency
(2.)
PAGE 9
The maximum elevation of fill placed on a premises shall not exceed the
average elevation of the surrounding properties as measured within 200' of
the common property line unless required by the Board.
The applicant will, ifa fill placement approval is issued, be solely responsible
for the terms and conditions of the approval and the applicable bonding,
standards and reauirements of the ordinance. All correspondence,
enforcement, bonding and control of tl'ie,fill placement will be with and under
the control and responsibility of the applicant.
160-83A.8 Protocol for Acceptance of Fill Material.
Any fill material proposed to be installed within the limits of the Borough shall be
samp. led for contaminants prior to submission of a fill permit application. Sampling
reqmrements shall be in accordance with the following:
1. Soil
(a.)
All sampling procedures utilized to characterize contaralnants
in soil shall be in accordance with the Technical
Requirements for Site Remediation (N.J.A.C. 7:26E) and the
NJDEP Field Sampling Procedures.
(b.) Soil samples collected to characterize contaminants in soil
shall be analyzed for priority pollutants +40.
(c.)
In addition to the above requirements, any person proposing
to install fill materials shall collect waste classification
samples to determine whether such materials are considered
"hazardous".
(d.)
The procedures for collecting representative waste
classification samples to determine if the materials are
hazardous shall be performed in accordance with the Division
of Solid and Hazardous Waste's Waste Classification Request
Form (HWM-009) and all associated references and
appendices.
(e.) Waste Classification Samples shall be analyzed for the
parameters set forth in Appendix 2 of HWM-009.
(f.)
All applicants shall obtain from the NJDEP Division of Solid
and Hazardous Waste a Classification Determination letter
which indicates that the materials are not considered
hazardous waste.
(g.)
At the discretion of the Borough Engineer, the requirements
for a Waste Classification Determination Letter of native fill
material may be waived subject to the satisfactory submission
of a certification which states (at a minimum) that the fill
material is free of contaminants, is derived from a site which
has never been subjected to a hazardous material discharge,
and is located within the Borough of Carteret. The
certification shall be in the form of a notarized affidavit from
the oI>erator or owner of the site from which the native fill
material is removed.
Dr__ed~e Materials~
(a.)
All sampling procedures utilized to characterize contaminants
in dredge shall be in accordance with the Management and
Regulation of Dredging Activities and Dredged Material in
New Jersey's Tidal Waters (Dredge Management Document),
and the NJDEP Field Sampling Procedures Manual.
Sampling frequency shall be in accordance with the sampling
frequency set forth on Table 1 of the Dredge Management
Document. The draft form of this document will be utilized
until such time as a final document is adopted.
(b.)
Dredge samples collected to characterize contaminants in the
dredge material shall be analyzed for all contaminants set
forth in the Dredge Management Document, Appendix A, in
accordance with the analytical methods stated therein.
99~24
(c.)
(d.)
In addition to the above requirements, any person proposing
to install fill materials shall collect waste classification
samples to determine whether such materials are considered
"hazardous".
The procedures for collecting representative waste
classification samples to determine if the materials are
hazardous shall be performed in accordance with the Division
of Solid and Hazardous WaSte's Waste Classification Request
Form CHWM-009) and' all associated references and
appendices.
(e.) Waste Classification Samples shall be analyzed for the
parameters set forth in Appendix 2 of HWM-009.
(f.)
(g.)
All applicants shall obtain fi.om the NJDEP Division of Solid
and Hazardous Waste a Classification Determination letter
which indicates that the materials are not considered
hazardous waste.
At the discretion of the Borough Engineer, the requirements
for a Waste Classification Determination Letter of native fill
material may be waived subject to the satisfactory submission
of a certification which states (at a minimum) that the fill
material is free of contaminants, is derived from a site which
has never been subjected to a hazardous material discharge,
and is located within the Borough of Carteret. The
certification shall be in the form ora notarized affidavit fi.om
the operator or owner of the site from which the native fill
material is removed.
160-83A.9 Sectioning of Land Under Permit.
Operations under a fill placement approval must be conducted in such a manner as to
minimize any negative impaats which may result from the activities related to soil erosion,
dust, mud, sedimentation and drainage during the course of the work.
Unless temporary vegetative cover is established according to Soil Erosion Standards, the
applicant shall be required to section the property which is the subject of his approval, into
areas of not more than five (5) acres and to schedule the work offili placement so that the
operation conducted in one section is completed and at final grade before work is
commenced in any other section of the premises.
Temporary vegetative cover shall be required in an area or section if same is not to final
grade and the applicant desires to work in another section.
160-83A.10 General Permit Regulations.
In the placement of fill, the owner or person in charge shall conduct the operations so that
there will be no interruption of natural drainage and that the area will be properly cleared
of debris and graded to conform with the contour lines and grades as approved by the Board.
The conduct of the operation shall be under the responsibility and control of the Borough
Engineer, who will make periodic inspections to determine that there is no deviation fi.om
the information and requirements of the application as approved.
Temporary grading will be required on a daily basis to eliminate unsafe slopes, faces, and
excavations.
Every fill placement project shall be conducted and completed in a manner which will
eliminate any condition hazardous to any member of the public who may have access to the
property or to the health, safety or welfare of the residents of the Borough.
No fill placement operation is to be conducted except between the hours of 7:00 am. and 5:00
p.m. on weekdays only.
No activity associated with the placement of filI shall result in the accumulation of dirt,
rubble, liquid, or debris on any roadway within the Borough.
The fill placement operation shall be conducted so that the noise from trucks or equipment
will not be a source of ann0yance or discomfort to any residents of the Borough.
Every truckload of material shall be properly tfinuned and shall protrude no more than twelve
(12") inches above the sides of the truck at the peak or highest point of each load and shall
be covered as provided under applicable New Jersey Motor Vehicle Laws.
PAGE
10
NOI
160-83A. 11 Requirements and Standards for Top Soil.
PAGE.
Req~Jirements for Replacement When No or Insufficient Topsoil Is Present on the Site or
Premises.
Each site, area or premise govemed by a fill placement permit shall be covered with
a minimum of four (4") inches of topsoil upon completion of the pro.iect.
Topsoil material may be brought to the premises from off-site in order to complete
the fill placement activities and prior to placement of final vegetative cover.
Topsoil shall be friable and lotnn~, free of debris, weeds and stones and shall not
contain any toxic substance that may be harmful to plant growth. A ph range of 5.0
- 7.5 is acceptable. Soluble salts should not exceed five hundred (500) ppm.
Topsoil shall be tested by a recognized testing laboratory, the U.S. Department of
Agriculture or the Kutgers University Soil Testing Laboratory, with test results
submitted to the Borough for approval prior to placement. Also, topsoil previously
excavated and stockpiled on the premises shall be subject to this requirement.
b. Site Preparation.
Grade as needed, to conform to the final contours on the approved fill placement
maps.
Subsoil should be tested for lime requirement and limestone, if needed, should be
applied to bring soil pH to 6.5 and should be incorporated into the soil as nearly as
practical to a depth of four (4") inches.
Immediately prior to topsoil distribution, the surface should be scarified to provide
a good bond with the topsoil.
Employ needed erosion control practices such as diversions, grade stabilization
structures, berms, channel stabilization measures, desilting basins and waterways.
3. Applying Topsoil.
Topsoil should be handled only when it is dry enough to work without damaging soil
structure.
2. A uniform application to a depth of four (4") inches (unsettled) is required.
160-83.12 Requirements and Standards for Temporary Vegetative Cover.
a. Definitions. Establishment of temporary vegetative cover on soils exposed for periods of one
(1) to twelve (12) months.
b. Purpose. To temporarily stabilize the soil and reduce damage from wind and water erosion
until peI'manent stabilization is accomplished..
Site Preparation.
I. Grade as needed and feasible to permit the use of conventional equipment seedbed
preparation, seeding, mulch application, and mulch anchoring.
2. Install needed erosion control practices or facilities such as diversions, grade
stabilization structures, berms, channel stabilization measures, desilting basins and
waterways.
Seedbed Preparation.
Apply limestone and fertilizer according to soil test recommendations such as those
offered by Rutgers University Soil Testing Laboratory. Contact your County
Agricultural Agent at the Freehold Soil Conservation District Office. If soil testing
is not feasible on small or variable sites, or where timing is critical, fertilizer may be
applied at the rate of six hundred (600) pounds per acre or fourteen (14) pounds per
one thousand (1,000) square feet of 10-20-10 or equivalent. If seed is drilled over
banded fertilizer, the rate of fertilizer is reduced fifty (50%) pement. Apply limestone
(equivalent to fifty (50%) percent calcium plus magnesium oxides) as follows:
NO,. _' 99-'24' PAGE. 12
Soil Textures Tons/Ac Lbs/1000 S.F.
Clay, clay loams and high
organic soils 3 I36
Sandy loams, loams, silt
loams 2 90
Loamy sands, sands I 45
Work lime and fertilizer into the soil as nearly as practical to a depth of four (4")
inches with a disc, springtooth haft'ow or other suitable equipment. The final
harrowing or discing operation should be on the general contour. Continue tillage
until a reasonably uniform seedbed is prepared.
3. Inspect seedbed just before seeding. If traffic has left the soil compacted, the area
must be retilled as above.
e. Seeding.
l. Select seed recommended in table below:
TABLE 160-83A. 12
TEMPOKARY SEEDiNGS AND SEEDING DATES
Seeding Rate
Seeding Dates
Crop Per Acre Per 1000 sq.fl.
Oats (spring) 2 ~A bu. 2 lbs. Before April 1
Rye 2 bu. 2.4 lbs, Sept. I - Nov. 1
Barley (winter) 2 bu. 2.2 lbs, Sept. 20 - Oct. 15
Ryegrass 40 lbs. 0.9 lb. Before May 15
(~nnual) Aug. 25 - Nov, 1
Korean 25 lbs. 0.6 lb. Feb. 1 - July 5
Lespedeza*
Millet (foxtail*) 30 lbs. 0.7 lb. May I - July 1
Sudangrass* 60 lbs. 1.4 lb. May 1 - July 5
Weeping Lovegrass 3 lbs. 0.1 lb. May 1 - Aug. 15
* May be planted throughout surnmer if soil moisture is adequate or (an be irrigated.
Mulching. Required on sites difficult to vegetate (sands, slopes or hydro-seedings and off
season operations).
Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder or hydro-seeder (slurry
inc uding seed and fe~hzer). Opttmum seeding depth for specffie annuals ts on ( ) inch
(except sandy soils, two (2") inches). Hydroseedings which are mulched may be left on soil
surface.
Where feasible, except when a cultipacker type seeder or hydroseeder is used, the seedbed
should be firmed follow/ng seeding operations with a roller, or light drag. Seeding operations
should be on the contour.
(a.)
(b.)
Mulch materials should be unrotted salt hay or small grain straw at the rate
of one and one half to two (1-I/2 to 2) tons per acre, or seventy (70) to ninety
(90) pounds per one thousand (1,000) square feet. Mulch should not be
ground or chopped into short pieces.
Spread uniformly by hand or mechanically so that approximately seventy-five
(75%) percent to ninety-five (95%) percent of the soil surface will be
covered. For uniform distribution of hand-spread mulch, divide area into
approximately one thousand (1,000) square feet sections and distribute
seventy (70) to ninety (90) pounds within each section.
(c.)
Mulch anchoring should be accomplished immediately after placement to
minimize loss by wind or water. This may be done by one of the following
methods depending upon the size of the area, steepness of slopes and costs.
(1.)
Peg and twine: Drive eight (8") to ten (10") inch wooden pegs to
within two (2") to three (3") inches of the soil surface every four (4')
feet in all directions. Stakes may be driven before or after applying
mulch. Secure mulch to soil surface by stretching twine between pegs
in a ariss-cmss and square pattern. Secure twine around each peg with
two (2) or more round tums.
(2.) Mulch nettings: Staple paper, jute, cotton or plastic nettings to the
soil surface. Use a degradable netting in areas to be mowed.
· 99-24 -
(3,)
Mulch anchoring tool: A tractor-drawn implement especially
designed to paneh and anchor salt hay or straw mulches into the
surface soil may be used. This practice afford maximum erosion
control, but its use is limited to those slopes upon which the tractor
can operate safely. Tool penetration should be about three (3 .) to four
(4") inches. The operation should be done on the contour.
PAGE
13
(4.) Liquid mulch binders: May be used to anchor salt hay or straw
mulches.
Applications should be heavier at edges where wind catches
mulch, in valleys and at crests of banks. Remainder of area
should be uniform in appearance.
ii. Use one (I) of the following:
(i.)
Emulsified asphalt (SS-l, CSS-1, CMS-2, MS-2,
RS-I, RS- 2, CRS-1, and CRS-2)
Apply .04 gal. sq. yd. or 194 gal. acre on flat slopes
and on slopes less than eight (8') feet high. On slopes
eight ($') feet or more high use .075 gal. sq. yd. or
.363 gal. acre.
(ii.) Cutback asphalt rapid curing (RC-70, RC-250, and
RC-800} or medium curing (MC-250 or MC-800)
Apply .04 gal. sq. yd. or 194 gal. acre on'flat areas and
on slopes less than eight (8') feet high. On slopes eight
(8') feet or more high use .075 gal. sq. yd. or 363 gal.
acre.
Extent of Teraporary Vegetative Cover· The Borough Engineer may require
any or all of the above steps to insure protection of the public from soil
erosion, sediment control, dust and drainage.
160-83A.13 Requirements and Standards for Permanent Vegetative Cover.
a. Definition. Establishment of permanent vegetative cover on exposed soils where perennial
vegetation is needed for long term protection.
b. Purpose. To permanently stabilize the soil, assuring conservation of soil and water and to
enhance the envirom-nent
Site )'reparation.
1. Rough grade as required to conform to the final contours on the approved fill
placement maps.
2. Apply topsoil as required in subsection 160-83A.8
3. Mulch anchoring should be accomplished immediately after placement to minimize
loss by wind or water.
This may be done by one of the following methods, depending upon the size of the
area, steepness of slopes and costs·
(a) Peg and Twine: Drive eight (8") to ten (10") inch wooden peg to within two
(2") to three (3") inches of the soil surface every four (4') feet in all
directions. Stakes may be driven before or after applying mulch· Secure
mulch to soil surface by stretching twine between pegs in a cfiss-cross and a
square pattern. Secure twine around each peg with two (2) or more round
tums.
(b) Mulch Nettings: Staple paper, jute, cotton or plastic nettings to the soil
surface· Use a degradable netting in areas to be mowed.
y!): '~.9 9.--2 4
PAGE
(c') Mulch Anchoring Tool: A tractor-drawn implement especially designed to
punch and to anchor mulch into the surface soil. This practice affords
maximum erosion control, but its use is limited to those slopes upon which
the 'a'actor can operate safely. Tool penetration should be about three (3") to
four (4") inches. On sloping land, the operation should be done on the
contour.
(d) Liquid Mulch-blnders~ May be used to anchor salt hay or straw mulches.
(1) -Applications should be ~eavier at edges where wind creches mulch,
in valleys and m cresfs of banks. Remainder of area should be
uniform in appearance.
(2)
Use one of the following:
i. Emulsified asphalt 0 (SS-1, CMS-2, MS-2, RS-2, CRS-I, and
CRS-2) "
Apply .04 gal. sq. yd. or 194 gal. acre on ilar slopes less than
eight (g') feet high. On slopes eight ($') feet or more high use
.075 gal. sq. yd. or363 gal. acre.
ii. Cutback asphalt rapid curing (RC-70, RC-250, and RC-g00)
or medium curing (MC-250 or MC-gOO)
Apply .04 ga. sq. yd. or 194 gal. acre on fiat areas and on
slopes less than eight (8') feet high. On slopes eight (8') feet
or
more high use .075 gal. sq. yd. or 363 gal. acre.
Seedbed Preparation.
1. Apply limestone and fertilizer according to laboratory test requirements in accordance
to the recommendations and approval of the Borough.
13
Work lime and fertilizer into the soil as nearly as practical to a depth of four (4")
inches with a disc, spring-tooth harrow or other suitable equipment. The final
harrowing or discing operation should be on the general contour. Continue tillage
until a reasonable uniform, fine seedbed is prepared.
Remove from the surface all stones two (2") inches or larger in any dimension,
remove all other debris, such as wire, cable, tree roots, pieces of concrete, clods,
lumps or other unsuitable material.
Inspect seedbed just before seeding. If traffic has left the soil compacted, the area
must be refilled and firmed as above.
Seeding.
I. Selection of seed mixture shall be by recommendation of the Borough based upon
laboratory test results upon topsoil to be used and other applicable criteria such as
grade, drainage, subsoil, etc.
2. Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder or
hydro-seeder fslurry including seed and fertilizer). Normal seeding depth is from
one-fourth (1/4") to one-half (1/2") inch. Hydroseedings which are mulched may be
left on soil surface.
3. Where feasible, except where either a cultipacker type seeder or hydro-seeder is used,
the seedbed should be fumed following seeding operations with a roller or light drag.
Seeding operations should be on the contour.
Mulching. Required on all sites (sands, slopes or hydro-seedings and off-season) operations}
1. Mulch materials should be unrotted salt hay or small grain straw at the rote of one and
one-half to two (1-1/2 - 2) tons per acre or seventy to ninety (70 - 90) pounds per one
thousand (1.000) square foot. Mulch should not be ground or chopped into short
pieces.
99-24
PAGE 14
Spread uniformly by hand or mechanically so that approximately seventy-five (75%)
percent to ninety-five (95%) percent of the soil surface will be covered. For un/form
distribution of hand spread mulch, divide area into approximately one thousand
(I,000) square feet sections and distribute to seventy to ninety (70 - 90) pounds
within each section.
Irrigation (where feasible). If soil moisture is deficient, supply new seedings with adequate
water (a minimum of tN'ee to four (3" - 4") inches penetration) for plant growth until they
are well established. This is especially trae when seedings are made in abnormally dry or hot
weather.
8. Establishment of Permanent Vegetative Cove/'. Shall be the responsibility of the applicant
and the bond as posted shall not be released until the vegetative cover is established for a
minimum of one (1) growing season.
160-83A.14 Requirements and Standards for Soil Erosion and Sediment Control.
A soil erosion and sediment control plan will be required with each application for
a fill placement permit.
Requirements of soil erosion and sediment control plan shall be in conformity with
Borough of Carteret Ordinance 1210 and 1216 "An Ordinance to Establish
Regulations for Controlling Soil Erosion and Sediment Control within the Borough
of Carteret", known as the Land Disturbance and Soll Erosion Control Ordinance.
Fees. No additional fees wii1 be required with respect to soil erosion and control.
Those fees per subsection 160-83A.4shall be applicable.
160-83A.15 Requirements and Standards for Dust Control.
a. Definition. The regulation of airborne particulates emanating from a site.
Purpose. To prevent blowing and movement of dust from exposed soil surfaces,
reduce on and-off site damage and health hazards, arid improve traffic safety.
Where Applicable. This practice is applicable to areas subject to dust blowing and
particulate movement where on and off site damage, health hazards and traffic
obstruction is likely without treatment.
d. Methods. The following methods should be considered for controlling dust:
I. Mulches.
2. Vegetative Cover.
Spray-On Adhesives. On mineral soils (not effective on such soils). Keep
traffic off these areas.
Water Type of Apply Gallons -
Dilution Nozzle Acre
Anionic asphalt
emulsion 7:1 Coarse Spray 1,200
Latex emulsion 12 1/2:1 Fine Spray 235
Resin in water 4:1 Fine Spray 300
Tillage. To roughen surface and bring clods to the surface. This is a
temporary emergency measure which should be used before soil blowing
starts. Begin plowing on windward side of site. Chisel-type plows spaced
about twelve (12") inches apart and spring-toothed harrows are examples of
equipment which may produce the desired effect.
Sprinkling. Site is sprinkled until the surface is wet.
Barriers. Solid board fences, snow fences, burlap fences, crate walls, bales
of hay and similar material can be used to control air currents and soil
blowing.
Calcium Chloride. Shall be in the form of loose dry granules or flakes fine
enough to feed through commonly used spreaders at a rate that will keep
surface moist but not cause pollution or plant damage. If used on steeper
slopes, then use other practices to prevent washing into streams.
2} '99 24
PAGE
8. Stone. Cover surface with crashed stone or coarse gravel.
Requirements as to Dust Control. The Borough Engineer may require any or all of
the above to insure protection of the public.
160-83A.16 Requirements and Standards for Transportation of Fill Material.
A person who mmsports fill material over the streets, roads or highways in the Borough
pursuant to a fill placement approval shall daily sweep, pick up and remove or cause to be
swept, picked up and-removed all dust, dirt and r~ud from roads, streets or highways, and
shall apply or oanse to be applied to the roads, streets or highways, a dust preventive
wherever deemed necessary by the Borough Zoning Officer. If a contractor neglects or
refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive
when required by the Borough Zoning Officer, the Zoning Officer is authorized to suspend
the approval for a period of not more than ten (10) days, or may revoke the approval afier
notification in writing by an authorized officer, agent or employee of the Borough to the
holder of the approval. If revoked, no fill placement shall again be issued unless application
is made to the Board for reinstatement.
160-83A.17 PENALTY.
· A person or entity that violates this chapter in addition to such fines and penalties as set
forth in subsection 160-140 of this Land Development ordinance, shall be responsible
for the removal of any and all improperly placed fill material any remediatiun necessary
as a result of the improper placing of the fill and all costs direct and indirect of the
Borough in monitoring, supervising, reviewing and overseeing the removal and
remediation (if necessary) of the improperly placed fill.
If any section or paragraph of this ordinance shall be declared to be unconstitutional, invalid or
menforceable, then, in such event, the remaining provisions, terms, sections or subsections not rendered to
e unconstitutional or invalid shall remain in full force and effect.
15
¢
attest:
~thleen M, Barney, [~ugh Clerk
SUSAN E. JACKLIN
Assistant Municipzl Clerk
Approved:
es A.-Fail~ce, Mayor
DO NOT USE SPACE BELOW THIS LINE
COUNCILMAN
__ FA_Z. EKA S
]G~ZF_OWS K I
X- Indicate Vote
RECORD OFCOUNCILVOTE
YES NO NV A.B. COUNCILMAN YES NO NV A.B. ]
X I ~ANCUSO , x ] I
AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
AdPptedon first reading of the Council of the Borough of Carteret, N.J., on ,lilLY 15:~ 1999
PublSc Hearing Held and Adjourned ,,,, a,,g,,~- lq, lqqq
RE(X~ ON $~FR 2~ 1~9~ ~