official seal of wantage township

Wantage Township New Jersey


888 State Highway 23
973-875-7192
administrator@wantagetwp-nj.org


Ordinance #17-2023

SOIL IMPORTING AND EXPORTING

An Ordinance Amending the Revised General Ordinance of The Township of Wantage, Chapter XXIII of The Municipal Code of the Township of Wantage Entitled "Wantage Township Soil Importing and Exporting" by Amending Section 23-2.5 "Exceptions and Exemptions".

WHEREAS, the Township of Wantage desires to amend and supplement the provisions of Chapter XXIII "Wantage Township Soil Importing and Exporting" of the Wantage Revised General Ordinances, §23-2.5 "Exceptions And Exemptions".

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Committee of the Township of Wantage, County of Sussex, State of New Jersey, as follows:

Section 1.

Chapter XXIII "Wantage Township Soil Importing and Exporting", §23-2.5 "Exceptions And Exemptions" shall be amended to delete and insert the following in its place:

§ 23-2.5 Exceptions and Exemptions.

  1. Soil Importing Permit shall not be required for:
    1. moving of soil in and upon lands enrolled in the Soil Conservation Program of the Sussex County Soil Conservation District, Department of Agriculture Soil Conservation Service and for which an approved farm plan has been established by said agency, provided that (i) all soil moving operations and fill operations in and upon such lands are performed in accordance with said approved farm plan and, (ii) a copy of said approved farm plan is placed on file with the Township prior to any soil moving operations or fill operations;
    2. subdivisions and/or site plans approved pursuant to Chapter 15, Land Use Procedures, of the Township of Wantage, but any soil importation shall be subject to review and any specific conditions imposed by the Land Use Board;
    3. a state-mandated environmental cleanup plan; provided that all soil moving, removal operations and fill operations are performed in accordance with said cleanup plan and provided further that notice of the state-mandated cleanup plan is placed on file with and accepted by the Township Engineer prior to any soil moving, removal or fill operations;
    4. the storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards, provided that the outdoor storage of materials on said property has previously been established and received site plan approval pursuant to Chapter 15, Land Use Procedures of the Township of Wantage; The Township reserves the right at any time to require the property owner or tenant to provide proof of the source of imported soil. The Township may test any soil imported pursuant to this subsection at any time at the cost and expense of the property owner or tenant.
    5. the movement and placement of soil/fill from one location on a parcel to another location on the same parcel when that movement is directly related to agricultural uses on farm properties within the Township of Wantage. This section does not supersede any rights granted under the Right to Farm Act; provided however, any importation of soil/fill to designated farmland is still required to comply with the regulations and permit process described in this Chapter;
    6. property owners within the Township seeking to import no more than 25 cubic yards of soil/fill for use on their property within any twelve-month period provided however, each property owner must fill out and file with the Township Clerk the soil importation form which shall be available on the Township website or from the Township Clerk. Failure to file the soil importation form prior to said importation shall result in a request from the Enforcing Officer under this Chapter to provide the information requested on the form. Failure to do so or repeated violation of this requirement shall result in penalties pursuant to this Chapter.
  2. Notice
    • Prior to importing any soil pursuant to Subsection a, b or f of this subsection, the person importing the soil shall provide proof to the Township that the soil is acceptable pursuant to this Chapter, including laboratory test results, address and block and lot numbers of the location from which the soil originated, and the quantity being imported. Failure to provide this notice will result in a stop work order until the information is provided and deemed acceptable by the Township.

Section 2.

All other parts, portions and provisions of Chapter XXIII of the Township of Wantage Code, be and the same, are hereby ratified and confirmed, except where inconsistent with the terms thereof. In the event of any such inconsistency, the terms of this Ordinance shall be deemed to govern.

Section 3.

If any section, paragraph, sub-section, clause or provision of this Ordinance shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any part thereof.

Section 4.

All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.

Section 5.

Effective Date. This Ordinance shall take effect immediately upon final passage and publication according to law.

Jonathan Morris, Mayor, Township of Wantage

ATTEST

Michael Restel, Administrator/Acting Clerk


NOTICE is hereby given that the above ordinance was introduced and passed upon first reading at a meeting of the Mayor and Committee of the Township of Wantage, in the County of Sussex, New Jersey, held on the 14th day of December 2023. It will be further considered for final passage after public hearing at a meeting of the Mayor and Committee to be held in the Municipal Building, 888 Route 23 South, in the Township of Wantage, on December 28, 2023 at 7:00 P.M., and during the preceding week copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.

Michael Restel, Administrator/Acting Clerk