[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 3-15-1982 by Ord. No. 82-1 (Ch.
228 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 37.
Building construction — See Ch. 114.
Certificates, permits and licenses — See Ch. 131.
Uniform construction codes — See Ch. 140.
Fees — See Ch. 163.
Flood hazard areas — See Ch. 188.
Site plan review — See Ch. 292.
Soil erosion and sediment control — See Ch. 299.
Stormwater control — See Ch. 320.
Subdivision of land — See Ch. 332.
Zoning — See Ch. 380.
This chapter may be cited and referred to as
the "Woodcliff Lake Soil Moving Ordinance."
The Mayor and Council hereby finds that the
uncontrolled and unregulated excavation, filling and removal of soil
has resulted and will result in conditions detrimental to the public
safety, health and general welfare, deterring substantially the efforts
of the Borough to promote and effectuate the general purpose of municipal
planning.
[Amended 9-20-2001 by Ord. No. 01-7]
Whenever used in this chapter, the following
terms shall be deemed and construed to have the following meanings:
The board or official designated by this chapter to receive
and review soil permit applications and to issue soil permits, i.e.,
the Construction Code Official, Zoning Board, Planning Board and Borough
Engineer and, in the event of an appeal, the Mayor and Council.
Improvement of a lot by the construction or erection of one
or more buildings for residential, commercial or industrial purposes
and improvement of lands through conservation and flood control. The
term "improvement" shall mean that work done as part of an approved
permit from the Construction Code Official, Planning Board or Zoning
Board.
Any person who shall move or remove soil, as the terms are
hereinafter defined.
Those materials as defined by either federal or state law
as "hazardous" and/or including petroleum and petroleum products.
The movement of soil in amounts exceeding 300 cubic yards
over the course of a twelve-consecutive-month period.
The movement of soil, in amounts equal to or less than 300
cubic yards but greater than 30 cubic yards in the R-15 Zone, or greater
than 75 yards in the R-22.5 and R-30 Zones, over the course of a twelve-consecutive-month
period.
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; or to supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
[Amended 3-6-1995 by Ord. No. 95-3; 9-20-2001 by Ord. No.
01-7]
A.
Major soil permit. Anyone engaged in the movement of soil classified
as major soil movement shall require a permit to be issued by the
Borough Planning Board, unless the soil moving is part of an application
brought before the jurisdiction of the Zoning Board of Adjustment
and/or Building Department for a construction permit when, under these
circumstances, the Zoning Board of Adjustment and/or Building Department
may issue the major soil moving permit.
[Amended 2-23-2015 by Ord. No. 15-02]
B.
Minor soil permit. Anyone engaged in the movement
of soil classified as a minor soil movement shall require a permit
to be issued by the approving authority, subject to the official's
right to refer applications to the Planning Board and unless the soil
moving is part of an application brought before the jurisdiction of
the Borough Planning Board or Zoning Board when, under those circumstances,
the Borough Planning Board or Zoning Board may issue the minor soil-moving
permits.
C.
Anyone engaged in the movement of soil within a designated
wetlands or floodplain.
D.
Exceptions.
(1)
No soil permit shall be required:
(a)
For any person engaged in the soil conservation
program of Bergen County 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 the agency,
provided that all soil-moving operations in and upon such lands are
performed in accordance with such approved farm plan.
(b)
For moving of soil in amounts less than or equal
to 30 cubic yards in the R-15 Zone or 75 cubic yards in the R-22.5
or R-30 Zones, during any twelve-consecutive-month period.
(c)
When the soil to be moved is in accordance with
approved plans for development, provided that no soil is removed from
or brought onto the development from another location.
(d)
For movement on commercial property of a business
engaged in retail or wholesale distribution of soil.
(2)
In the event of soil movement as part of a development
application, nothing contained in this subsection, entitled "Exceptions,"
shall be construed to preclude the Construction Code Official from
determining that, by reason of the size or complexity of the contemplated
soil movement, a major or minor soil permit would be required.
E.
Any movement of soil, including that exempt from the
provisions of this chapter, must include the representation that said
soil movement shall have no adverse impact on the property owners
and shall not increase water runoff.
[Amended 9-20-2001 by Ord. No. 01-7]
A.
Form of application. On forms prescribed and supplied
by the approving authority, the applicant shall set forth in triplicate:
(1)
The name and address of applicant.
(2)
The name and address of owner of the lot.
(3)
A description of the lot in question, identified as
to the block and lot or lots on the current Tax Assessment Map of
the Borough of Woodcliff Lake.
(4)
The ultimate purpose or reason for excavating, moving
or removing the soil.
(5)
The kind and quantity, in cubic yards, of soil to
be excavated, moved, or removed. In the case of soil to be brought
in, the place from which the soil is to be brought and the kind and
quality of the soil to be brought in shall be set forth.
(6)
The proposed dates of commencement and completion
of the work.
(7)
The name, address, and telephone number of the person
having direct charge, supervision and control of the proposed excavation
work.
(8)
The name, address and telephone number of the person
having direct charge or control of the operation or removing the excavated
material.
(9)
A description of the equipment to be used in the excavation
and removal of the soil.
(10)
A description giving the number and size of
the trucks or other vehicles in removal or delivery of soil.
(11)
A description of the route or routes to be used
by the vehicles in removing the soil.
(12)
In the event the removal of said soil is in connection with the development of a subdivision or site plan, all of the information required under Chapter 332, Subdivision of Land, or Chapter 292, Site Plan Review, of the Code of the Borough of Woodcliff Lake, together with evidence of Planning Board approval thereof.
(13)
Evidence of compliance with applicable soil
erosion and sediment control regulations, under jurisdiction of the
Bergen County Soil Conservation District.
(14)
In the event the contemplated work shall proceed
in stages, a map showing the division of the tract into mining and
fill sectors clearly indicating the order in which each sector is
to be mined or filled and the length of time to be devoted to each
sector.
(15)
Hazardous materials/importation of fill material.
Fill material procured from a site other than the site at which the
fill is proposed to be used shall be free of hazardous substances,
as defined by all federal, state and local regulations. This shall
apply to all soil movement which imports soil onto a lot within the
Borough, and regardless of its classification as "minor," "major"
or "exempt." An owner seeking to import fill as part of a minor or
major soil application shall submit, as part of the standard soil-moving
application, information required by the approving authority adhered
as to the source, need, purpose and volume of the fill, including
a description of the methods used to prove that it is free of hazardous
substances, which shall include but will not be limited to a true
copy of the fill shipper's delivery manifest. Methods used to ensure
compliance with this section shall be in conformance with published
field testing procedures as adopted by the New Jersey Department of
Environmental Protection. The Borough Construction Code Official or
Borough Engineer may request further information regarding compliance
with this section before approving the permit application.
(16)
Such other data as the approving authority may
require, consistent with its review function and the standards governing
said review.
(17)
The applicant shall also include a copy of a
survey delineating the approximate location and the dimensions of
the amount of soil.
B.
Signature and endorsement. The application shall bear
the signature of the applicant and the endorsement of the owner or
owners of the lands signifying approval of the application, consent
of the applicant to perform the proposed work and consent to the Borough,
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 ordinance.
C.
Submission of application. In the event that the moving
of soil for which a permit is required is in connection with property
on which subdivision or site plan approval is being sought simultaneously,
the application and all other documents and fees which may be required
shall be submitted to the Planning Board. In all other cases, the
said application, documentation and fees shall be submitted to the
Construction Code Official.
D.
Referral to Planning Board. By reason of the size or complexity of minor soil moving contemplated by the applicant the Construction Code Official may, not withstanding the provisions of the Subsection C above and § 304-4, within 10 days of the filing of the application, refer the application to the Planning Board for its approval and shall so notify the applicant. Upon such referral by the Construction Code Official, the Planning Board shall assume exclusive jurisdiction of the application.
E.
Topographic map. Accompanying all major soil-moving applications, as well as minor applications referred to the Planning Board pursuant to Subsection D above, there shall be eight prints of a topographic map, prepared and certified by a licensed professional engineer and land surveyor of the State of New Jersey, showing:
(1)
The dimensions and lot and block number of the lot
upon which the soil-moving operations are to be conducted and of all
surrounding lands within 200 feet of the perimeter of the subject
lot.
(2)
The existing grades of the subject lot and of all
lots within 200 feet of the perimeter of the subject lot.
(3)
The existing elevations of all buildings, structures,
streets, bodies of water, and watercourses, natural or artificial,
and all drainage features such as pipes, inlets, and manholes. Pipe
sizes and invert elevations shall also be provided.
(4)
The proposed final elevations at each point where
existing elevations shown on the map are to be changed as a result
of the completion of the proposed work.
(5)
Existing surface water drainage and proposed 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 control.
(6)
Proposed slopes and lateral supports to adjacent properties
and on the subject lot.
(7)
The limits of disturbance of the area or areas within
the subject lot within which the soil-moving operations are to be
conducted.
(8)
Accurate cross-sections showing the locations and
quantities, in cubic yards, of the soil to be moved.
(9)
Such other pertinent data as the approving authority
may require.
F.
Where, by reason of the simplicity of the application, the approving authority determines that all or part of the information set forth in Subsection E above is not necessary to make an informed determination on the application, the approving authority may waive all or part of the requirements set forth in said Subsection E.
[Amended 4-15-1985 by Ord. No. 85-4; 9-20-2001 by Ord. No. 01-7]
A.
Simultaneously with the filing of the application, there shall be submitted to the approving authority a fee, payable to the order of the Borough of Woodcliff Lake, as provided in Chapter 163, Fees.
B.
In the event of refusal of the soil permit, that portion
of the fee in excess of the Borough's engineering, legal, administrative
and other expenses shall be refunded to the applicant.
C.
In the event that the fees posted by the applicant
are insufficient to meet the reasonable engineering, legal and administrative
expenses incurred by the Borough in processing the application and
monitoring the applicant's performance, then the applicant shall,
upon the request of the Borough, immediately pay such additional engineering,
legal, administrative and other expenses incurred by the Borough.
In the event that the applicant does not pay all the fees required
by this chapter, the sums due to the Borough shall become an obligation
of the owner of the property and shall become a lien upon the property.
At the request of the approving authority, the
Borough Engineer shall make an inspection of any site within the Borough,
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 soil erosion by water and wind,
surface and subsurface water drainage, soil fertility, lateral support
of abutting streets and lands, public health and safety and any other
factors as may bear upon or relate to the coordinated, adjusted and
harmonious physical development of the Borough. He shall also inspect
the site to determine whether stakes have been placed on each corner
and whether grades stakes have been placed at the existing elevation
points designated on the topographical map.
[Amended 9-20-2001 by Ord. No. 01-7]
In considering and reviewing the application,
the approving authority shall be guided by the general purpose of
municipal planning and shall take into consideration that the change
will not adversely affect any other property and these other factors:
A.
Soil erosion by water and wind.
B.
Drainage.
C.
Lateral support, slopes, and grades of abutting streets
and lands.
D.
The effect of flooding, and the impact on floodplain
areas, if any.
E.
Whether the proposed soil movement will create a nuisance
or danger.
F.
The overall appearance of the subject property after
moving of soils.
G.
The creation of sharp declivities, pits or depressions.
H.
Traffic congestion and the effect upon the roads within
the Borough.
I.
Danger to the environment or the general welfare from
the presence of hazardous materials.
J.
The effect that the proposed work would have on current
and future Borough sanitary sewerage disposal systems.
K.
The negative effect on Borough and private wells.
L.
Such other factors as may bear upon the general welfare
of the Borough of Woodcliff Lake and its citizens.
A.
The approving authority shall, within 60 days after
the filing of the application and the topographical map containing
all of the information required pursuant to the provisions of this
chapter and the payment of the requisite fee, grant or deny the application.
The approving authority, in approving said application, may attach
such reasonable conditions to said approval as it may deem necessary.
B.
The approving authority may, in its discretion, require
a public hearing prior to its decision. In the event a public hearing
is so required, the approving authority shall notify the applicant
of the time and place it shall consider the application, and the applicant
shall give notice thereof in the following manner:
(1)
By publishing a notice in an official newspaper of
the Borough of Woodcliff Lake, at least seven days prior to the date
set by the approving authority, of the date set for the public hearing;
and
(2)
By delivering a copy of said notice, by certified
mail or by personal service, to all property owners within 200 feet
of the perimeter of the subject property as their names appear on
the municipal tax records.
C.
The applicant, at or prior to the public hearing,
shall file an affidavit with the approving authority certifying compliance
with the notice provisions above set forth.
D.
In the event a public hearing is so ordered by the
approving authority, the time for the making of its decision shall
be extended to not later than 30 days after the date of the hearing.
E.
Failure of the approving authority to act within the
time specified herein shall be deemed a denial of the application.
F.
Nothing herein contained shall prohibit the extension
of the time periods herein set forth by the written consent of the
applicant.
A.
Filing of appeal. Any person aggrieved by the decision
of the approving authority may, not later than 30 days after said
decision, appeal that decision to the Mayor and Council.
B.
Public hearing. The Mayor and Council may, in its
discretion, require a public hearing on said appeal and, if so required,
shall cause a notice setting forth the time and place thereof to be
published in an official newspaper of the Borough at least seven days
prior to the date set for the public hearing.
C.
Consideration of appeal; decision. The Mayor and Council
shall consider the matter de novo and shall decide the appeal within
45 days from the filing of the appeal or from the public hearing,
whichever is later. The Mayor and Council may reverse, remand or affirm,
wholly or in part, or may modify the decision of the approving authority.
The affirmative vote of a majority of the full authorized membership
of the Mayor and Council shall be necessary to reverse, remand or
modify the decision of the approving authority.
A.
Contents of permit. The soil permit shall be in such
form as may be prescribed by the approving authority, signed by the
Secretary and the Chairman of the Planning Board or the Construction
Code Official, as the case may be, and shall contain any special conditions
set forth in the decision of the approving authority.
B.
Duration of permit. The soil permit shall be dated
as of the date it is actually issued, and the term of the permit shall
not exceed one year. All permits shall automatically expire on the
termination date unless an application for renewal has been made and
approved by the Planning Board in writing extending the permit. No
such extension shall exceed one year.
[Amended 9-20-2001 by Ord. No. 01-7]
A.
Bond required. No soil permit for over 100 cubic yards
shall be issued unless the applicant has posted with the Borough a
performance bond in form and with surety acceptable to the Borough,
in such an amount as the approving authority 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 chapter and of the soil permit. In the
event that the applicant fails to post the required performance bond
within 60 days, the approval of the approving authority shall be automatically
rescinded.
B.
Amount of bond. The amount of the bond shall be determined
at the rate of not less than $0.15 per cubic yard for minor soil permits
and not in excess of $0.50 per cubic yard for major soil-moving permits,
calculated on the amount of soil to be moved; provided, however, that
in no event shall the bond be less than the principal amount of $2,000;
for minor permits only, the Construction Code Official may waive the
bond requirements of this section if deemed unnecessary. In ascertaining
the rate upon which to compute the amount of the bond or whether a
bond shall be deemed unnecessary for minor soil permits, the approving
authority 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 operations to streets, buildings, natural or artificial streams
or watercourses and general drainage conditions. In addition, the
bond shall be conditioned upon the repair, at the expense of the owner
and applicant, or any street or streets damaged by the transportation
of soil in connection with the application if, in the judgment of
the Mayor and Council, such repairs are deemed to be necessary. The
term "expense" as used herein, shall include the cost of supervision
incurred by the Borough Engineer in connection with such repairs.
The approving authority may require that no more than 10% of the amount
of the bond required by this section shall be in the form of a cash
deposit.
C.
Written consent of surety required. Before the holder
of any soil permit proceeds before the approving authority with an
application for any amendment or alteration of the terms and conditions
of any outstanding soil permit, there shall be submitted to the approving
authority the written consent of the surety on the bond approving
the application for amendment or alteration and consenting to extension
of the bond coverage thereto.
All excavation and removal of soil in the Borough
shall be performed subject to the following conditions, regardless
of whether or not a permit is required:
A.
All boulders, tree stumps and other debris shall be
removed from the property.
B.
In dry weather, the person conducting such operation
shall dampen the ground where operations are conducted to prevent
dust.
C.
No trucks used shall be loaded above the level of
the sides of the truck, to prevent spillage, and all streets shall
be cleaned, at the applicant's expense, each day, of any spillage
or soil on such streets resulting from truck operation.
D.
All truck loads shall be covered with tarpaulin and,
if necessary, treated by water or chemical to prevent flying dust.
E.
No trucks, machinery or any part of the operation
shall be conducted before 7:00 a.m. or after 6:00 p.m. on weekdays,
before 8:00 a.m. or after 5:00 p.m. on Saturdays, or at any time on
Sunday or federal or state legal holidays.
[Amended 9-15-2008 by Ord. No. 08-06]
F.
All vehicles engaged in such operations shall use
as routes only those Borough streets which have been approved by the
Planning Board.
G.
The entire area covered by the work shall be maintained
and left in such a manner as not to create or maintain a nuisance
or condition hazardous to life and limb or to the health or general
welfare of the inhabitants of the Borough of Woodcliff Lake.
H.
All excavation, removal and other mandatory ground
cover work proposed in the application and map, including restoration
of property to final grades and subsequent seeding, must be completed
within one year from the date of the permit.
I.
No more soil shall be removed than is reasonably necessary
for the development and use of the land.
J.
No soil removal shall be allowed which shall cause
damage to adjacent properties or detrimentally affect the values of
adjacent properties.
K.
The operation must be conducted in a phased fashion
so that one sector of the tract is minded and covered with planting
prior to the commencement of mining operations in another sector of
the tract.
L.
The Borough Engineer or other authorized representative
of the Borough shall be permitted to inspect the seeding and planting
and general conduct of the mining operation to assure that the same
is being conducted in a manner that shall assure the satisfactory
control of erosion and that it is being conducted in full accordance
with the remainder of this chapter.
M.
Excavation shall not be below the grade levels shown
in the topographical map.
A.
Whenever any developer or excavator shall move topsoil
in or on any lot, provision shall be made for the storage of the topsoil
within the boundary lines of the lot.
B.
Except as 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 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, excepting only such
portions thereof as shall be or shall have become, since the date
of filing of the 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.
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 makes specific provision for replacement, on or before the completion
date, of soil of sufficient quantity and kind to restore the final
grades to those shown on the topographical map.
B.
After issuance of the soil permit, the developer or
excavator, before digging or excavating below the minimum level, shall
apply to the approving authority and be granted an amendment of the
application and topographical map then in effect, which amendment
may be granted upon such terms as the approving authority may deem
necessary to assure adherence to the purpose and objectives of this
chapter.
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 the 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 the topsoil shall not be buried beneath soil
or other material be 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 the replaced
topsoil shall be in accordance with the proposed final grades shown
on the topographical map. In the event that such provision is not
practicable, provision shall be made for the uniform placement over
the entire area or surface of the fill soil or other material, excepting
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 shown on the topographical map.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Borough shall have the right to enter into or upon any lands in or
upon which soil-moving operations are being conducted to examine and
inspect such lands.
A.
In the event that any of the provisions of this chapter
or any other laws are alleged to have been violated, the Mayor and
Council may terminate or suspend any permit issued hereunder. Such
suspension or revocation shall be determined as follows:
(1)
The Mayor, or other person authorized by the Mayor
and Council, shall cause a written notice of the alleged violations
of this chapter or of any other laws involved to be served upon the
applicant or any of the agents of the applicant upon the premises,
together with a notice of the time and place of a public hearing to
be held within 21 days after service, directing the applicant to show
cause before the Mayor and Council why the permit should not be suspended
or revoked.
(2)
At the hearing, the Mayor and Council shall hear all
of the evidence offered by the Borough and the applicant which is
material to the issue and shall make a prompt determination of its
findings. If the findings are in favor of the applicant, the charges
shall be dismissed; but if the findings are against the applicant,
the permit issued may be revoked entirely or suspended upon such conditions
as the Mayor and Council may direct.
B.
In the event that any of the terms and conditions
of this chapter or the terms and conditions of the permit shall have
proven to have been violated, the permit shall be immediately suspended
and all work shall immediately cease.
(1)
If the owner shall eliminate the violations within
30 days of the suspension, the owner shall apply to the Mayor and
Council, in writing, for permission to continue the operation, and
if the Mayor and Council is satisfied that the violations no longer
exist, it may restore the permit to the owner, but such restoration
shall not serve to increase the time limit of such permit.
(2)
If such violations are not eliminated within the said
30 days, the permit shall be deemed to be automatically revoked and
the bond declared forfeit without any further action by the Mayor
and Council.
C.
This section is hereby made a part of each and every
permit hereafter issued by the Mayor and Council, and acceptance of
such permit shall constitute complete acquiescence by the principal
and surety on said bond.
D.
No fee or other charge, or portions thereof, shall
be refunded following revocation or suspension of any permit.
Notwithstanding the provisions of § 304-18 above, when, in the judgment of the Mayor or the Mayor and Council, the moving and removal of soil causes a serious emergent and continued impediment to the passage of public traffic or endangerment to the public health, safety or welfare, the Mayor or the Mayor and Council may temporarily halt such operation until the emergent danger to the public's health, safety or welfare is abated, but in no event shall such emergency suspension of operations exceed 30 days.
A.
Any person who shall violate this chapter shall, upon
conviction thereof, be subject to the penalties provided in N.J.S.A.
4:24-53. Each day that a violation shall continue shall constitute
a separate offense.
[Amended 4-15-1985 by Ord. No. 85-4[1]]
B.
Upon the recommendation of the Borough Engineer and
upon furnishing the owner with written notice, the Borough may levy
upon any bonds furnished to guarantee performance of the work set
forth in the soil permit or soil agreement. In the event that said
bonds are insufficient to cover the costs of performing or completing
said work, then the costs of said performance shall be assessed against
the property and shall become a lien upon said property.
C.
Nothing herein contained shall preclude the Borough
from pursuing any civil remedy available in law or in equity.
