Disclaimer. This ordinance is an example of an approach that has worked in one municipality. It should be modified to reflect local environmental conditions, current regulations, and state-of-the-art knowledge in the environmental field

Washington Township (MO)-Carbonate Overlay District

175-30 X. Geotechnical details. [Added 4-20-1998 by Ord. No. 4-981
(1) The location of all sinkholes, disappearing streams or karst features shown on documents submitted under the Phase I and/or Phase II Geologic Investigations shall be drawn on all preliminary and final plats and site plans. The plats shall also note any site remediation techniques to be utilized to stabilize any solution channels or subsidence karst features. Where applicable, all final subdivision plats shall contain the following wording: "Block Lot 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 kinds of sinkholes and/or subsidence is not always predictable. Despite any geologic investigation or geotechnical evaluation which may have been required in connection with the approval of this subdivision, there is no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on the property in this subdivision. The municipality, its agents, consultants and employees assume no liability for any damages which may result from sinkhole activity. All persons 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."
(2) A declaration of covenants and restrictions in a form satisfactory to the Planning Board Attorney shall be filed in the office of the County Clerk simultaneous with the filing of the final plat specifying which lots are so affected and containing similar language.
§175-30. Geologic investigations. [Added 4-20-1998 by Ord. No. 4-98]
A. Purpose. The purpose of the investigation is to provide sufficient data to define all existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse public health, safety, general welfare or environmental impacts caused by the project.
B. Applicability. This chapter shall be applicable to all development in the Carbonate Area District requiring major subdivision, conditional use or site plan approval (except minor site plans) and wastewater disposal systems requiring state permits or treatment works approvals.
C. Procedures and submission requirements for the Carbonate Area District.
(1) All applicants filing for preliminary major subdivision, conditional use or preliminary site plan approval (except minor site plans) shall complete and file with the approving authority and the Township Geological Consultant (TGC) the Phase I, Geologic Investigation Checklist. In the case of applications for site plans or subdivisions, the Phase I Geologic Investigation Checklist may be completed and filed prior to a formal application for preliminary approval.
(2) The geologic investigation checklist shall:
(a) Be prepared and conducted by the applicant's geological consultant (AGC) who shall be a geologist or professional engineer with experience in karst terrains.
(b) Identify the geologic nature of the materials underlying the site.
(c) Be based on an on-site/area field investigation and document review and shall include a description of the site geology; groundwater conditions such as depth to/direction of flow and evaluation of the potential impact of the project on groundwater quality; and identification of any karst/solution features observed and the structural control of the same.
(d) Note karst/solution features which shall be flagged in the field.
(3) Both the TGC and the AGC will review the applicant's findings in the field.
(4) The Phase I Geologic Investigation Checklist information shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approving authority within 30 days of the submission by the applicant of the Phase I Investigation Checklist. The TGC's report shall review the completeness of the Phase I Investigation Checklist and shall recommend either that a Phase II Investigation Plan be prepared and submitted or that portions or all of the requirements of the Phase II Investigation be waived. The recommendation shall be based on the data submitted, the review of the data and other pertinent information by the TGC, the field visit and the purposes of this chapter.
(5) The approving authority shall rule on the completeness of the checklist within 35 days of the receipt of the TGC's review report.
(6) The approving authority shall determine whether a Phase II Investigation Plan to further investigate karst/solution features and address groundwater protection shall be required, based on the data submitted, the recommendation of the TGC and the purposes of this chapter. The purpose of the Phase II Investigation Plan is to delineate and define karst features noted or suspected in the Phase I Geological Investigation Checklist, to evaluate the effects of the same on the proposed development and to propose methods of remediation if needed. The approving authority may grant a waiver from part or all of the geotechnical evaluation and report requirements under § 175-30C upon recommendation of the TGC.
(7) If a Phase II Investigation Plan is required, the same shall be prepared by the AGC and filed with the approving authority and the TGC.
(8) The Phase II Investigation Plan shall include a narrative describing the types of features to be investigated, their locations, the types of direct/indirect methods to be used and the reasons for their use. Direct methods shall include site reconnaissance, test pits, test probes, test borings or other appropriate methods. Indirect methods shall include aerial photography and geophysical procedures. A site plan indicating the areas of investigation, proposed locations of testing and types of testing shall accompany the Phase II Investigation Plan.
(9) The Phase II Investigation Plan shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approving authority within 30 days of the submission by the applicant of the Phase II Investigation Plan. The TGC's report shall review the completeness of the Phase II Investigation Plan and shall also indicate whether any proposed testing methodology is appropriate and reasonable or 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 TGC recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The recommendation shall be based on the data submitted, the review of the data and other pertinent information by the TGC, and the purposes of this chapter.
(10) The approving authority shall approve or disapprove the Phase II Investigation Plan within 35 days of the receipt of the TGC's report. Approval of the plan shall include a specification of the nature and extent of the Phase II Investigation, the results of which shall be in the Geotechnical Evaluation Report.
(11) After the Phase II Investigation Plan has been approved by the approving authority, a permit shall be issued to the applicant by the Township Engineer authorizing the commencement of the testing procedure.
(12) The following protocol and procedures shall be utilized in conducting the approved Phase II Investigation and geotechnical evaluation by the applicant, with observation by the TGC:
(a) Any on-site evaluations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to § 175-30C(11).
(b) The applicant shall provide written notice to the Township Clerk, the Township Engineer and the TGC, by certified mail, return receipt requested, at least 15 days prior to the commencement of any testing procedures.
(c) The proposed development site shall be subject to inspection by the TGC, the Township Engineer or designated municipal officials at any time.
(d) All testing data and results shall be made available to municipal officials and inspectors on demand.
(e) All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
(13) At the completion of the Phase II Investigation a formal Geotechnical Evaluation Report shall be submitted which shall include the following information gathered during the testing protocol:
(a) Logs of all borings, test pits and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities.
(b) The type of drilling or excavation technique employed.
(c) Drawings of monitoring or observation wells as installed.
(d) The time and dates of exploration tests.
(e) Reports of chemical analyses of on-site surface and ground water in cases of potential impact as determined by the TGC.
(f) The names and qualifications of individuals conducting the tests.
(g) The analytical methods used on soils, water samples and rock samples,
(h) A one-inch-equals-one-hundred-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, if required by the approved Phase II Investigation Plan.
(i) A geologic interpretation of the observed subsurface conditions, including soil and rock type, geologic unit, jointing (size and spacing), faulting, voids, fracturing, grain size and sinkhole formation.
(j) An evaluation of the geotechnical findings at the site gathered during the Phase II Investigation, in relation to the proposed development, and recommendations for the planning, engineering design and construction techniques to be utilized in accomplishing the project. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
(k) Any other information required by the approved Phase II Investigation Plan.
(14) Review report.
(a) The Geotechnical Evaluation Report shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approving authority within 30 days of the submission by the applicant of the Geotechnical Evaluation Report. The TGC's report shall review the completeness of the Geotechnical Evaluation Report and shall advise the approving authority whether or not the applicant has provided the municipality with:
[1] Site specific design and construction details and specifications to ensure that the proposed development of the tract will be properly implemented and will not adversely impact on the health, safety and welfare of the community.
[2] Verification 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] Testing and design performance standards which comply with the standards set forth in § 175-52 and good engineering practices.
[4] Specific details on inspection procedures to be followed during the construction and after project completion.
(b) The recommendation shall be based on the data submitted, the review of the data and other pertinent information by the TGC and the purposes of this chapter.
(15) The approving authority shall, within 45 days of the receipt of the report from the TGC, approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event that the approving authority denies the proposed development plan and associated construction procedures, the approving authority shall state in the resolution its reasons for disapproval.
D. Geologic hazards discovered during construction in the CAD. A specific geologic hazard may not be identified and remediated while the geologic investigation program is underway and may be discovered during or after construction. In such cases the developer and/or the owner shall:
(1) Report the occurrence of the hazard to the Township Clerk and Engineer within 24 hours of discovery.
(2) Halt construction activities which would impact the geologic hazard.
(3) Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the TGC.
(4) After obtaining approval from the municipality, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways and other site improvements and to minimize pollution of the groundwater.
(5) Repair any damage to improvements and restore ground cover and landscaping.
(6) Reimburse the township for the cost of inspection or other costs incurred in connection with the geologic hazard.
E. Compliance and enforcement.
(1) Compliance with this chapter in the CAD is required prior to the granting of preliminary major subdivision, conditional use or preliminary site plan approval (except minor site plans). The completion of geotechnical improvements is required before the commencement of construction where appropriate, or concurrently with construction when necessary, but in any event prior to the issuance of any certificate of occupancy for the project. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment subject to this chapter shall be the Township Engineer and the TGC. The Township Engineer shall serve as the enforcement official for wastewater systems requiring New Jersey Department of Environmental Protection permits or treatment works approvals.
(2) Failure to comply with any of the conditions in this chapter may result in the issuance of a stop-work order, revocation of building permits or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved Geotechnical Evaluation Report, are not followed and result in actions which adversely impact karst features.
F. Carbonate Area District data distribution. On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final Geotechnical Evaluation Report and all maps and accompanying data shall be filed with the Township Board of Health, the Township Clerk, and the Planning Board Secretary. The municipality shall develop a catalog system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.
G. 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 kinds of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations shall create no liability on behalf of the municipality, the Township Engineer, the Township Geotechnical Consultant, municipal employees 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 agents, consultants and employees assume no liability for any financial or other damages which may result form sinkhole activity. It is also noted that sinkholes and ground subsidence may occur in areas outside the CAD 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 the land for construction of a building or structure or any activity which alters the soil and bedrock materials.
§175-52. Geotechnical improvements. [Added 4-20-1998 by Ord. No.4-98]
Where geotechnical improvements are required by § 175-30, the design and construction of the improvements 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 ground water resources. Table 1 (Design Elements, Risks, Testing Requirements, Performance Standards, Preferred Design Features and Remedial Plan Elements for Development on Karst Terrain) represents the best technical judgment currently available and may be used as a guide. However, none of the items in Table 1 are intended to preclude the application of the best professional judgment, innovation and experience.
§217-30. Establishment of Carbonate Area District Overlay Zone Restrictions. [Added 4 -20-1998 by Ord. No.4-98]
The Carbonate Area District (CAD) Overlay Zone is comprised of all land areas underlain by limestone or carbonate rock and therefore is subject to the hazards attendant with development in these areas. This district shall be secondary, or an overlay, to the districts heretofore established by the Zoning Map and may encompass all or portions of more than one underlying zoning district. Regulation of this district shall be in addition to those requirements governing the underlying zoning districts.
§ 217-59. Restricted Activities in Carbonate Area District Overlay Zone.
In the Carbonate Area District Overlay Zone:
A. No underground storage tanks for petroleum products shall be permitted in residential developments. All replacement tanks at residences shall be located above-ground or in basements.
B. No commercial business, except for service stations, shall be permitted underground storage tanks, unless public safety requires such underground installation. Commercial establishments which require underground tanks for safety according to state regulations shall install and monitor leak detection devices, and shall report the monitoring results to the Health Department on a quarterly basis.
C. No hazardous, toxic, chemical or petroleum waste shall be accepted for disposal at any site, except for the authorized acceptance of recycled vehicular oil.