[Adopted 7-6-1967 as Ch. 70 of the 1967 Code]
A.
No developer and no excavator shall move or cause,
allow, permit or suffer to be moved any soil in or upon any lot in
the Township of River Vale unless and until a soil permit therefor
shall first have been issued by the Secretary of the Joint Planning
Board of the Township of River Vale.
No owner of any lot in the Township of River
Vale shall cause, allow, permit or suffer any soil in or upon such
lot to be moved by any developer or excavator until such developer
or excavator has first obtained a soil permit therefor.
[Amended 2-18-2006 by Ord. No. 142-2006]
A.
For soil movement of 500 cubic yards or more, the
matter of reviewing and considering all applications for soil movement
shall be referred to the Joint Planning Board for consideration and
approval. The Board Secretary shall issue no permit until the Joint
Planning Board approves the application.
B.
For soil movement of less than 500 cubic yards, the
matter of reviewing and considering all applications for soil movement
shall be referred to the Township Engineer for review and recommendation
to the Construction Official.
C.
For soil movement of less than 125 cubic yards, the
applicant shall provide evidence of actual soil volume to be moved
and file an affidavit on forms provided by the Township to the Township
Engineer stating that construction activities will not move a greater
volume of soil.
The procedure for applying for and issuance
of a soil permit shall be as follows:
A.
Form of application. On forms prescribed and supplied
by the Joint Planning Board, the applicant shall set forth, in duplicate:
(1)
His name and address.
(2)
The description of the lands in question.
(3)
The name and address of the owner of the lands.
(4)
The purpose or reason for moving the soil and
whether it shall be done in connection with a proposed subdivision;
if so, the date of filing of the application for subdivision.
(5)
The kind and quantity in cubic yards of soil
to be moved.
(6)
In case of removal, the place to which the soil
is to be removed, and the kind and quantity of soil to be removed.
(7)
The proposed date of completion of the work.
(8)
A certification that he has placed or caused
to be placed stakes at each corner of the lands from which soil is
to be removed, and further that he has placed or caused to be placed
grade stakes at the existing elevation points designated on the topographical
map pursuant to the provision of this section hereof, clearly marked
to indicate the soil cuts or fill.
(9)
Such other pertinent data as the Joint Planning
Board may, by resolution, hereafter require.
B.
Signature. Said application shall bear the signature
of the applicant and the endorsement of the owner or owners of said
lands signifying approval of the application, consent to the applicant
to perform the proposed work and the consent to the Township of River
Vale in the event of failure of the applicant to do so, to cause the
proposed work to be completed or otherwise terminated in keeping with
the purposes and objectives of this Part 7.
C.
Topographical map. Accompanying the application shall
be eight prints of a topographical map of the lot upon which the proposed
soil-moving operations are to be conducted and of all surrounding
lands within 200 feet of the perimeter of said lot prepared and certified
by a licensed professional or civil engineer or land surveyor of the
State of New Jersey, on a scale of not less than one inch to 100 feet,
and referred to United States Coast and Geodetic Survey Data, showing
both as to the lot and as to all of said surrounding lands:
(1)
The dimensions of the lot and the lot and block
number of the lot and of each lot in the surrounding lands as shown
on the Tax Assessment Map of the Township of River Vale.
(2)
The existing elevations of all lands on a one-hundred-foot
grid layout.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water and watercourses, natural or artificial.
(4)
All existing surfaces and/or subsurface water-drainage
conditions and provisions therefor.
(5)
All wooded areas and all trees having a diameter
of six inches or more at the base.
(6)
The limits of the area or areas within the lot
or lots in question within which the soil-moving operations are to
be conducted, and the existing elevations of said limits at intervals
of not more than 100 feet.
(7)
The proposed final elevations at each point
where existing elevations shown on said maps are to be changed as
a result of completion of the proposed work.
(8)
The proposed slopes and lateral supports at
the limits of the area upon completion of the soil-moving operations.
(9)
The proposed provisions and facilities for surface-water
drainage and where applicable channels of any streams, bodies of water
and watercourses, natural or artificial, including detailed cross
sections showing proposed channel widths, bank slopes and method of
erosion and control thereof.
(10)
Accurate cross sections showing the locations
and quantities, in cubic yards, of soil to be removed.
(11)
All proposed elevations in enclosed rectangular
boxes, and all existing elevations to be indicated without any kind
of enclosure.
(12)
Such other pertinent data as the Joint Planning
Board may, by resolution, require.
D.
Filing fee.
[Amended 4-26-1990 by Ord. No. 0-6-90; 8-26-2004 by Ord. No.
0-9-04; 2-18-2006 by Ord. No. 142-2006; 5-10-2021 by Ord. No. 378-2021]
(1)
Fees and deposits.
|
Volume of Soil
(cubic yards)
|
Filing Fee
|
Deposit for Costs
|
|---|---|---|
|
Under 25
|
$10
|
None
|
|
25-125
|
$75
|
$600
|
|
126-500
|
$75
|
$800
|
|
501-1,000
|
$75
|
$1,000
|
|
1,001 and over
|
$75
|
$1,500 plus $0.50/cubic yard
|
(2)
All unexpended portions of the deposit for costs
shall be returned to the applicant upon completion and approval of
soil movement activities by the Township Engineer.
E.
Inspection.
(1)
The Township Engineer shall make an inspection
of the site from which soil is to be moved and shall make such engineering
studies as may be required to determine the effect of the removal
of soil from the location as it relates to:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Township.
(2)
He shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of Subsection A hereof. In the event of refusal of the soil permit, as hereinafter provided, the fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Township of River Vale for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township of River Vale in the processing of the soil application.
F.
Hearing.
[Amended 2-18-2006 by Ord. No. 142-2006[1]]
(1)
For applications involving 500 cubic yards or
more of soil movement, the Joint Planning Board shall, within 45 days
receipt of a complete application, fix a date for a hearing for the
purpose of considering the application and shall give the applicant,
by registered mail, notice of the time and place of said hearing.
The applicant shall, at least 10 days prior to the date appointed
for said hearing, serve written notice either in person or by registered
mail upon such persons as are shown by the assessment rolls of the
Township of River Vale to be the owners of such lots as are within
200 feet of the property in question. The applicant shall at the hearing
present to the Joint Planning Board satisfactory proof in affidavit
form of the service of said notices.
(a)
Decision. The Joint Planning Board shall review
and consider the application and shall render its report and recommendation
to the Secretary of the Joint Planning Board who shall grant or refuse
the permit in accordance with the recommendation. Such report and
recommendation shall be made within 60 days after the receipt of the
application.
(b)
Appeal. In the event of refusal, the applicant
may, not later than 30 days after the date of such refusal, appeal
to the Township Council. The Township Council may, by a majority vote,
sustain or, by a two-thirds vote of its entire membership, overrule
the Joint Planning Board recommendations.
(c)
Soil permit. The soil permit shall be in such
form as may be prescribed by the Joint Planning Board, shall be signed
by the Secretary of the Joint Planning Board and either the Chairman
of the Joint Planning Board or the Chairman of the Soil Committee
of the Joint Planning Board and shall contain any special conditions
set forth in the recommendation.
(d)
Permit date. The soil permit shall be dated
as of the date it is actually issued, and the term of said permit
shall not exceed one year. All permits shall automatically expire
on the termination date unless application for renewal has been made
and approved in writing extending such permit.
(2)
For all applications involving less than 500
cubic yards of soil movement, the Township Engineer shall, within
45 days of receipt of a complete application, review and render a
report and recommendation to the Construction Official, who shall
grant or deny the permit in accordance with the recommendation of
the Township Engineer.
(a)
Appeal: In the event of denial or failure of
the Township Engineer to act within the prescribed time, the applicant
may, no later than 30 days after such denial or failure to issue a
report, appeal to the Township Council. The Council may sustain, modify,
or overrule the Township Engineer's recommendations, and/or order
such application to be issued.
[Amended 2-18-2006 by Ord. No. 142-2006]
In considering and reviewing the application,
the Joint Planning Board and Township Engineer shall be guided by
general purpose of municipal planning, and shall take into consideration
the following factors:
A.
Soil erosion by water and wind.
B.
Surface and/or subsurface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
No person to whom a soil permit has been issued
shall:
A.
Conduct or maintain on the premises any sand, gravel or similar kind of pit, any sand or gravel washing or screening machinery or equipment, any business or industry not permitted in the district in which said premises are located and classified by Part 9, Zoning, of this chapter, as amended and supplemented, or any endeavor or enterprise other than the grading and regrading of said premises in accordance with the provision of said permit, and where applicable, the necessary disposal of soil incidental to said grading or regrading.
B.
Conduct or maintain any soil-moving operations without
having first made adequate provision by means of road oil, or otherwise,
for the laying of dust incidental to the use of vehicles, machinery
and equipment on the lands described in the soil permit.
C.
Neglect to dispose of, on or before the completion
date stated in the application, any partially or whole excavated boulders
or other incombustible debris resulting from the soil-moving operations,
by burial or removal, or any partially or wholly excavated stumps,
felled or uprooted trees or other combustible debris resulting from
the soil-moving operations, by combustion or removal from the premises.
D.
Conduct any soil-moving operations beyond the expiration
date as set forth in the soil permit or extended expiration date as
may duly be granted by the Joint Planning Board.
A.
Whenever any developer or excavator shall move topsoil
in or upon any lot, provision shall be made for the storage of said
topsoil within the boundary lines of said lot.
B.
Except as hereinafter provided, all of the topsoil
so stored shall be uniformly replaced over the entire area or surface
of the lot on or before the completion date set forth in the soil
permit so that the final grade or grades of said replaced topsoil
shall be in accordance with the proposed final grades shown on the
topographical map.
C.
No developer or excavator shall remove to any point
beyond the boundary lines of the lot any topsoil whatsoever unless
and until topsoil not inferior in quality to that to be removed shall
first have been replaced uniformly to a depth of not less than six
inches, measured from the proposed final grades as shown on the topographical
map, over the entire surface or area of the lot, except only such
portions thereof as shall be or shall have become, since the date
of filing of said topographical map, permanently covered by a building
or structure, street pavement, curb, sidewalk, driveway or other paved
area or by any body of water or waterway. In no event shall the developer
or excavator remove from the lot more topsoil than that comprising
the surplus or excess remaining after the replacement of the topsoil
as aforesaid.
No developer or excavator shall, at any time
in the course of the work, dig or excavate more than six inches below
the proposed final grades as shown on the topographical map unless:
A.
The soil permit specifies otherwise and the performance
bond, hereinafter referred to, makes specific provision for replacement,
on or before the completion date set forth in the soil permit, of
soil of sufficient quantity and kind to restore the final grades to
those shown on the topographical map; or
B.
After issuance of the soil permit, the developer or
excavator, before digging or excavating below said minimum level,
shall apply to the Joint Planning Board and be granted an amendment
of the application and topographical map then in effect, which amendment
may be granted upon such terms as the Joint Planning Board may deem
necessary to assure adherence to the purpose and objectives of this
Part 7.
No developer or excavator shall deposit soil
upon, fill in or raise the grade of any lot without first making provision
for:
A.
The use in said work of soil or such other materials
as will not result in deviation from the proposed final grades or
the uniformity thereof by reason of abnormal shrinkage or settlement.
B.
The collection and storage upon the lot of the original
topsoil to the end that said topsoil shall not be buried beneath soil
or other material of inferior quality, and the uniform replacement
of the topsoil so stored over the entire area or surface of the fill
soil or other material, so that the final grade or grades of said
replaced topsoil shall be in accordance with the proposed final grades
shown on the topographical map. In the event that such provision be
not practicable, provision shall be made for the uniform placement
over the entire area or surface of the fill soil or other material,
except only such portions thereof as shall be or shall have become
permanently covered by a building or structure, street pavement, curb,
sidewalk, driveway or other paved area or by any body of water or
waterway, of a layer of topsoil not inferior in quality to that of
the original topsoil to a depth of not less than six inches, measured
from the proposed final grades as by another person or shown on the
topographical map.
A.
In the event that the Joint Planning Board recommends
approval of the soil removal application, the Secretary of the Joint
Planning Board shall, forthwith, give notice to the applicant of the
action of the Board, and further, the amount of the performance bond
required as hereinafter set forth. In the event that the applicant
fails to post the required performance bond within 60 days of said
notice, then the recommendation of the Joint Planning Board shall
be automatically rescinded.
B.
No soil permit shall be issued unless the applicant
therefor shall have posted with the Township of River Vale a performance
bond in form and with surety acceptable to the Township of River Vale,
in such amount as the Joint Planning Board shall determine, conditioned
upon full and faithful performance by the principal, within the time
specified in the application, of all the proposed work in accordance
with the provisions of this Part 7 and of the soil permit issued pursuant
hereto.
C.
The amount of said bond shall be determined at the
rate of not less than $0.10 per cubic yard and not in excess of $0.50
per cubic yard of the amount of soil to be removed; provided, however,
that in no event shall said bond be less than the principal amount
of $2,000. In ascertaining the rate upon which to compute the amount
of the bond, the Joint Planning Board shall take into consideration
such factors as may bear upon the facility with which the proposed
work may be performed, including but not limited to the type and character
of soil, the extent of the area over which the soil-moving operations
are to be conducted, the extent and depth of the various cuts and
fills, the extent to which the area of operations is wooded, the proximity
of the proposed operations to streets, buildings, structures, natural
or artificial streams or watercourses and general drainage conditions.
D.
Before the holder of any soil permit shall proceed
before the Joint Planning Board with any application for any amendment
or alteration of the terms and conditions of any outstanding soil
permit, there shall be submitted to the Joint Planning Board the written
consent of the surety on said bond approving said application for
amendment or alteration and consenting to extension of the bond coverage
thereto.
E.
Applications for the release of any bonds posted in
accordance with the terms of this Part 7 and/or the resolutions of
the Joint Planning Board shall be accompanied by an affidavit stating
that the soil-moving operation has been completed in accordance with
the application and all plans, maps and other data filed therewith,
and in accordance with all resolutions and conditions therein adopted
by the Joint Planning Board. Said affidavit shall be executed by a
licensed professional or civil engineer of the State of New Jersey.
Nothing in this Part 7 shall be construed to
affect or apply to any person engaged in the moving of soil in and
upon lands enrolled in the Soil Conservation Program of the Northeastern
Jersey Soil Conservation District of the United States Department
of Agriculture Soil Conservation Service, and for which lands an approved
farm plan has been established by said agency, provided that all soil-moving
operations in and upon such lands are performed in accordance with
said approved farm plan.
For the purpose of administering and enforcing
this Part 7, any duly authorized officer, agent or employee of the
Township of River Vale shall have the right to enter into and upon
any lands in or upon which soil-moving operations are being conducted,
to examine and inspect such lands.
The terms used in this Part 7 shall be deemed
and construed to have the following meanings:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two or more dwelling houses, business or industrial
buildings, in any subdivision for the purpose of sale to or occupancy
by another person or persons.
Any person who moves soil in excess of 25 cubic yards to,
from or within any land area or lot within the Township of Rivervale.
[Amended 2-18-2006 by Ord. No. 142-2006]
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of River
Vale or in the office of the Bergen County Clerk. For the purposes
of this Part 7, a lot shall also be deemed to be any contiguous parcels
of land under common ownership, which ownership can be ascertained
by reference to the maps and records, or either, in the office of
the Tax Assessor of the Township of River Vale or in the office of
the Bergen County Clerk.
To dig; to excavate; to remove; to deposit; to place; to
fill; to grade; regrade; level; or otherwise alter or change the location
or contour; to transport; to supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or discing of
soil, or any other operation usually and ordinarily associating with
the tilling of soil for agricultural or horticultural purposes.
Any person seized in fee simple of any lot, or having such
other interest or estate therein as will permit exercise of effective
possession thereof or dominion thereover.
Any individual, firm, association, partnership or corporation
or any group of two or more of them.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
Soil that, in its natural state, constitutes the top layer
of earth, and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
