[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 4-3-1980
as Ch. X of the 1980 Code. Amendments noted where applicable.]
[Amended 10-2-2007 by Ord. No. 2007-18]
A.
The general purpose of this article is to promote the
public health, safety, convenience and general welfare of the Borough by preventing
floods and controlling soil erosion, sedimentation, and related environmental
damage resulting from but not limited to the disturbance of the land or earth
by construction activities such as those for housing, commercial, industrial,
utility, highway, public works, and other similar developments.
B.
The specific purposes of this article are to require
adequate provisions for:
(1)
The protection of soil surfaces during and following
construction activities or other land disturbance.
(2)
The prevention of danger to life and property from flooding
resulting from excessive runoff and sedimentation of waterways and drainage
facilities.
(3)
Surface water detention, including both temporary and
permanent measures.
(4)
Maintaining the useful life of streams, ponds and lakes
by preventing sedimentation.
(5)
Preserving the recreational use of water bodies for swimming
and fishing.
(6)
Reducing public expenditures for repair and maintenance
of public facilities resulting from flooding, soil erosion, and sedimentation.
(7)
Conserving the taxable value of property by enhancing
the environmental character of the Borough.
A.
As used in this article, words used in the present tense
include the future tense; the singular includes the plural; the term "shall"
is always mandatory and not discretionary; the word "may" is permissive; and
any word or term not interpreted or defined hereafter shall be used with a
meaning of common utilization.
B.
APPLICANT
APPROVED PLAN
CRITICAL AREA
CUT
DETENTION POND OR BASIN
DIVERSION
EROSION
EXCAVATION
EXISTING GRADE
FILL
FINISHED GRADE
FLOODPLAIN
GRADING
LAND
LAND DISTURBANCE
LAND DISTURBANCE PERMIT
MULCHING
NATURAL GROUND SURFACE
SEDIMENT
SEDIMENT BASIN
SOIL
SOIL CONSERVATION DISTRICT
SOIL EROSION, SEDIMENT CONTROL, AND FLOOD PREVENTION PLAN (HEREINAFTER
REFERRED TO AS THE "PLAN")
STANDARDS
STRIPPING
VEGETATIVE PROTECTION
WATERCOURSE
The following terms shall have the meanings indicated:
A person, partnership, corporation or public agency requesting permission
to engage in land disturbance activity.
A plan to control soil erosion and sedimentation which has been approved
by the proper municipal authority developed in cooperation with the soil conservation
district which provides for use of land, within its capabilities and treatment,
within practical limits, according to chosen use to prevent further deterioration
of soil and water resources.
An area which has a high potential for erosion, sediment, or related
environmental damage, or an area which has experienced such damage.
Portion of land surface or area from which earth has been removed
or will be removed by excavation; the depth below original ground surface
to excavated surface.
A pond, basin or other structure or measure that provides for temporary
storage of stormwater and which includes a spillway or other facility to release
the water at a controlled rate of flow.
A channel constructed across or at the bottom of a slope.
Detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
Any act by which soil or rock is cut into, dug, quarried, uncovered,
removed, displaced or relocated.
The vertical location of the existing ground surface prior to cutting
or filling.
A man-made deposit of soil, rock, or other materials.
The final grade or elevation of the ground surface.
The land bordering or adjacent to a river, stream, lake, pond, swamp,
or other waterway which is subject to flooding as evidenced by:
Any stripping, cutting, filling, stockpiling, or any combination
thereof and shall include the land in its cut or filled condition.
Any ground, soil, or earth, including marshes, swamps, drainageways
and areas not permanently covered by water.
Any activity involving the clearing, grading, transporting, filling
or excavation of land or any other activity which causes land to be exposed
to danger of erosion, but not including normal cultivation practices incident
to customary farming activity.
A certificate issued to perform work under this article.
The application of plant or other suitable materials to the soil
surface to conserve moisture, hold soil in place, and aid in establishing
plant cover.
The existing ground surface of land prior to any grading excavation
or other land disturbance.
Soil material, both mineral and organic, that is in suspension, is
being transported, or has been moved from its site or origin by air, water
or gravity as a result of erosion.
A pond, basin, or other structure or measure that provides for the
detention of water and deposit of sediment.
All unconsolidated mineral and organic material of any origin.
The Morris County Soil Conservation District which is a governmental subdivision of this state organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
A plan which fully indicates necessary land treatment measures, including
a schedule of the timing for their installation, which will effectively prevent
floods and minimize soil erosion and sedimentation. Such measures shall be
equivalent to or exceed standards adopted by the New Jersey State Soil Conservation
Committee and administered by the Morris County Soil Conservation District.
The standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee.
Any activity which removes or significantly disturbs vegetated or
otherwise stabilized soil surface, including clearing and grubbing operations.
Stabilization of erosive or sediment producing areas of land by covering
the soil with one or more of the following:
Any natural or artificial watercourse, stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, gully, ravine, wash or other waterway
in which water flows in a definite direction or course, either continuously
or intermittently, within a definite channel and including any area adjacent
thereto subject to inundation by reason of overflow of floodwater.
A.
It shall be unlawful for any person to remove soil from
or deposit soil within the Borough, except in conformance with the provisions
of this article and other ordinances of the Borough as may be applicable.
B.
It shall be unlawful for any person to create or cause
disturbance of any land which poses the risk of, or which may reasonably be
anticipated to result in, detrimental soil erosion of or sedimentation to
any land or watercourse unless and until a plan shall have been submitted
to and approved by the Planning Board or the Borough Engineer as provided
for herein.
C.
Plan.
(1)
A plan shall be filed with and become a part of each
application to the Planning Board for approval of:
(2)
The plan shall be prepared and duly signed and sealed
by a professional engineer licensed in the State of New Jersey. Construction
plans for land development shall incorporate the measures of the approved
plan.
D.
No land area within the Borough shall be cleared, graded,
excavated, or filled by any person for purposes including but not limited
to the construction of roads, the filling of land, the excavation of land,
the removal of natural resources, the mining of materials, or the development
of recreational or educational facilities unless and until:
E.
All plans shall be developed in accordance with the provisions
of this article.
F.
The Planning Board or Borough Engineer in approving a
plan may impose reasonable conditions or requirements designated or specified
on or in connection therewith.
G.
Such review and approval shall be made within a period
of 30 days of submission of a complete application unless, by mutual agreement
in writing between the Borough and the applicant, this period is extended
for an additional 30 days. Failure of the Borough to make a decision within
such period or such extension thereof shall constitute certification.
H.
The applicant shall be provided with written notice of
such decision by the Borough Clerk or Engineer. A copy of such decision, including
the name of the applicant, site location by street address and block and lot
number, and proposed land use, shall be sent to the Morris County Soil Conservation
District. The Borough shall also make available such other information as
may be required by the district.
[Amended by Ord. No. 96-06]
The Borough Clerk shall issue a land disturbance permit upon receipt
of:
A.
The plan shall comprise a map and written report (together
with whatever other instruments, writings, drawings, plans or specifications
are necessary or appropriate under the circumstances) which fully and adequately
describe both temporary and permanent measures to be employed to control,
minimize and protect against soil erosion, sedimentation and flooding from
a proposed land disturbance, taking into account the particular nature and
characteristics of the land, the surrounding area, the watercourses, the land
disturbance and the development involved. The plan shall cover all stages
and aspects of the proposed land disturbance and planned development from
grading, stripping, excavation and other site preparation through and including
both final grading and the installation of permanent improvements.
(1)
Schedule. It shall accordingly include a timing schedule
or schedules indicating both:
(a)
The anticipated starting and completion dates of each
step in the land disturbance and development sequence and the time of exposure
of each land area prior to the completion of effective erosion and sediment
control measures; and
(2)
The plan shall include a soil map prepared by the Soil
Conservation Service upon which the proposed development shall be superimposed.
The soil boundaries shall also be shown on the plan.
B.
General conditions.
(1)
It shall be the responsibility of the applicant to design
his project so as to maintain as nearly as possible in its present state and
condition any stream, watercourse, swale, flood plain, wetland, swamp, pond
or lake.
(2)
The maintenance or repair of any of the above or of drainage
facilities damaged or otherwise adversely affected by reason of the applicant's
project shall be the responsibility of the applicant. Such maintenance or
repair work shall be promptly performed.
(3)
It shall be the responsibility of the applicant to promptly
remove sediment from any stream or watercourse, pond, lake, or drainage facility
resulting from the applicant's project.
(4)
No person shall block, impede the flow of, alter or construct
any structure or deposit any material or thing or commit any act which will
affect normal or flood flow in any stream or watercourse without having obtained
a land disturbance permit from the Borough and, where required, prior approval
from the Morris County Soil Conservation District or other state or municipal
agency.
(5)
All drainage or stormwater facilities proposed by the
applicant shall have the capacity to transport runoff from the drainage area
as if fully developed in accordance with the Comprehensive Plan (Master Plan)
and the Zoning Ordinance of the Borough.[1]
(6)
An objective of the plan shall be to maximize groundwater
recharge and to minimize runoff, as well as the retention of sediment to the
maximum extent feasible.
C.
Soil erosion and sediment control measures shall as a
minimum utilize and meet applicable standards and specifications of the New
Jersey State Soil Conservation Committee, and as the same may be amended or
supplemented.
D.
In addition, to the extent applicable in particular situations,
the following measures or considerations shall be incorporated in the plan:
(1)
The smallest practical area of land shall be disturbed
at any one time during development and the duration of such disturbance shall
be kept to a practical minimum.
(2)
Whenever feasible, natural vegetation and the natural
ground surface shall be retained and protected.
(3)
Temporary vegetative protection plan cover and/or mulching
shall be used to protect erosion areas during development.
(4)
Diversions and outlets, both temporary and permanent,
shall be constructed and/or installed to accommodate the runoff caused by
the changed soil and surface conditions during and after development.
(5)
Disturbed soil shall be stabilized as quickly as practicable.
(6)
Until the disturbed area is stabilized, sediment in the
runoff water shall be trapped and removed by the use of debris basins, sediment
basins, desilting basins, silt traps or other acceptable methods.
(7)
Whenever feasible, development shall preserve natural
features and existing grades, thereby keeping grading, stripping and excavation
to a minimum.
(8)
Adequate provisions shall be made to minimize surface
water from damaging slopes and embankments. Diversions may be utilized for
this purpose.
(9)
Fill shall be placed and stabilized so as to minimize
erosion and shall not encroach on watercourses closer than 100 feet unless
specifically approved.
(10)
During grading operations, approved methods for dust
control will be exercised.
(11)
During grading, excavation, and other construction activities,
slopes and embankments shall be stabilized by mulching with straw sprayed
with an asphalt mixture, or jute matting staked in position, and/or a seeding
of annual rye grass, or other acceptable method.
(12)
Permanent (final) vegetative protection, plant cover,
lawn or ground cover, and mechanical erosion control devices and measures
shall be installed or constructed, and completed, as soon as practically possible.
(13)
Permanent improvements, such as pavement, catch basins,
curbs and the like, shall be installed or constructed, and completed, as soon
as practically possible.
(14)
Permanent detention ponds shall be constructed whenever
feasible to temporarily retain the increased runoff resulting from modifications
to the land. Such detention facilities shall conform with standards and criteria
established and/or approved by the Borough Engineer and shall be designed
to control runoff from all storms recurring in 100 years except where adverse
site conditions prevent the practical construction of such facilities and
such requirement is waived by the Borough Engineer. The Borough Engineer shall
approve all plans for detention facilities and such plans shall also be approved
by the County of Morris and agencies of the State of New Jersey when required.
A.
In considering and approving a plan, the Planning Board,
Board of Adjustment or the Borough Engineer, as the case may be:
(1)
Shall have the right among other things, to fix the time
schedule for exposure of land areas and for the construction and installation
of improvements, or the taking of other measures, to prevent soil erosion
and sedimentation and may require that such work or measures be completed
prior to any site development work.
(2)
Shall provide for the posting of performance and maintenance
guaranties.
(3)
May refer the plan to the municipal environmental commission,
the soil conservation district and/or any other qualified governmental agency
or agencies or consultants for review and shall take no action on the plan
before the expiration of a period of at least 30 days within which the environmental
commission or other governmental agencies or consultants may submit a report.
(4)
May impose reasonable conditions or requirements necessary
or desirable for the proper implementation of the plan in accordance with
the purposes and intent of this article.
The applicant shall post a performance guaranty in the amount to be
established by the Borough Council to guarantee the construction or installation
of the measures included in the plan. The guaranty may be in the form of a
performance bond issued by a surety approved by the Borough Council, a certified
check returnable after full compliance, or other type of surety as may be
approved by the Borough Council. The guaranty shall be discharged after all
work has been completed in accordance with the plan or as amended or modified
as provided for herein. No guaranty shall be discharged until all construction
and vegetation measures have been fully established and approved and all inspection
fees have been paid to the Borough as provided for herein.
A.
The applicant and all subsequent owners of the property
upon which measures under the plan have been carried out shall adequately
maintain all measures in good order for a period of two years after implementation
of the plan.
B.
The applicant shall post a maintenance guaranty in the
amount to be established by the Borough Council but not less than 10% of the
amount of the performance guaranty. The guaranty may be in the form of a maintenance
bond issued by a surety approved by the Borough Council, a certified check
returnable after the maintenance period, or other type of surety as may be
approved by the Borough Council. The guaranty shall be discharged at the end
of the maintenance period as set forth above provided that all measures have
been maintained as required and provided that all inspection fees have been
paid to the Borough.
A.
The requirements of this article shall be enforced by the Borough Engineer, Building Inspector or Zoning Officer who shall also inspect or require adequate inspection of the work carried out pursuant to this article. If the Borough Engineer, Building Inspector or Zoning Officer finds conditions other than as shown in the plan, or in the event of failure to comply with the plan or any condition thereto, he may refuse to approve further work and may require necessary measures to be promptly installed. The Borough Engineer, the Building Inspector or Zoning Officer on behalf of the Borough may also issue stop work orders and seek other penalties as provided in § 197-13, if a project is not being executed in accordance with a certified plan.
B.
In the event of failure to comply with the requirements
of this article the Building Inspector shall refuse to issue building permits
and/or certificates of occupancy.
C.
A formal report of such compliance must be filed with
the Borough agent authorized to issue certificates of occupancy. A copy of
this report shall be sent to the Morris County Soil Conservation District.
D.
To facilitate the purposes of inspection and enforcement,
the applicant shall be required to have the certified plan on site during
construction.
[Amended by Ord. No. 81-8; Ord. No. 96-06]
A.
Upon the filing of the soil erosion and sedimentation control plan for a major subdivision, which shall be submitted at the same time as the preliminary plat is filed, the applicant shall pay the Borough a fee of $150. In addition the applicant shall deposit with the Borough Clerk an amount as established in Chapter 127, Fees, for each and every lot shown on the plat.
B.
Upon the filing of the soil erosion and sedimentation control plan for a site plan, which shall be submitted at the same time the site plan is filed, the applicant shall pay the Borough a fee as established in Chapter 127, Fees.
C.
Upon the filing of the soil erosion and sedimentation control plan for all other purposes, the applicant shall pay the Borough a fee as established in Chapter 127, Fees.
D.
If, at the completion and Borough approval, the sum deposited with the Borough Clerk by the applicant, pursuant to Subsections A, B, and C of this section, when applied to cover the costs of legal, engineering and inspection services, should exceed the expense actually incurred by the Borough for such services, the applicant, upon written request, within one year following the date of such acceptance, shall be entitled to the return of the amount by which the deposits exceeded such costs, without interest.
The following activities are specifically exempt from this article:
A.
The construction of a single-family dwelling unit where
such unit is not part of a proposed subdivision, site plan, special exception,
zoning variance, planned unit development or building permit application involving
two or more single-family dwelling units.
B.
All other land disturbances not in excess of 5,000 square
feet.
Any person who violates any provision of this article shall be subject
to a fine of not less than $25 nor more than $3,000 for each offense. Each
day that a violation occurs, persists, or is committed shall constitute a
separate offense. Notwithstanding this provision, the Borough may also proceed
to obtain injunctive relief.
Appeals from decisions under this article shall be made to the Borough
Council in writing; such appeal to be filed with the Borough Clerk within
10 days from the date of such decision. The appellant shall be entitled to
a hearing before the Borough Council within 80 days from date of appeal.
This article shall take effect following final adoption and publication
according to law and upon subsequent and final approval by the State Soil
Conservation Committee.
This article will be known as the "Chester Borough Soil Moving Control
Ordinance."
The purpose of this article is to promote the safety, convenience, and
general welfare of the Borough by controlling the removal and deposition of
soil.
A.
As used in this article, words used in the present tense
include the future tense; the singular includes the plural; the term "shall"
is always mandatory and not discretionary; the word "may" is permissive; and
any word or term not interpreted or defined hereafter shall be used with the
meaning of common utilization.
B.
MAJOR SOIL MOVING PERMIT
MINOR SOIL MOVING PERMIT
PERSON
PREMISES
SOIL
The following terms shall have the meanings indicated:
A permit for the moving of 500 cubic yards or more of soil.
A permit for the moving of less than 500 cubic yards of soil.
Any natural person or legal entity, including but not limited to
a partnership, association, or a corporation.
One or more contiguous parcels of land in single ownership. Parcels
shall not be deemed to be contiguous if separated by a road, railroad, right-of-way,
brook, stream or other natural division.
Any earth, sand, clay, silt, gravel, topsoil, loam, rock, humus,
or other similar material with or without regard to the absence or presence
of organic matter.
A.
It shall be unlawful for any person to excavate or otherwise
remove soil for use other than on the premises from which it is excavated
except pursuant to an application for development within the Borough as defined
in the Municipal Land Use Act, Chapter 291, Laws of 1975 (N.J.S.A. 40:55D-1
et seq.) and without first having obtained a soil moving permit from the Borough
Clerk.
B.
It shall be unlawful for any person to deposit or otherwise
place soil other than on the premises from which it is excavated except pursuant
to an application for development within the Borough as defined in the Municipal
Land Use Act, Chapter 291, Laws of 1975 (N.J.S.A. 40:55D-1 et seq.) and without
first having obtained a soil moving permit from the Borough Clerk.
A.
Application for a soil moving permit shall be filed with
the Borough Clerk and shall be accompanied by the prescribed fee. The application
shall set forth the following:
(1)
Name and address of applicant.
(2)
Name and address of owner, if other than applicant.
(3)
Description and location of land in question, including
tax map lot and block number.
(4)
Purpose or reason for moving the soil.
(5)
The type of soil material and the quantity to be moved.
(6)
Where the application is for the removal of soil, haul
routes and the location where the soil will be deposited.
(7)
Where the application is for the deposition of soil,
haul routes and the location from which the soil will be removed.
(8)
The dates on which the work will commence and be completed.
(9)
The name, address, and telephone number of the person
having direct charge or supervision of the soil movement work.
(11)
Such other data as may be required by the Borough Council.
B.
Applications for a major soil moving permit shall also
include:
(1)
A map of the area in which soil is to be removed or deposited
at a scale not more than 100 feet to the inch showing existing and proposed
contour lines, structures, watercourses, drainage facilities, vegetation and
other features of the land, and the names of adjoining property owners.
(2)
Cross sections of the area showing proposed excavation
or fill and the quantity of soil to be removed or deposited.
(3)
A landscaping plan. All maps, plans and other engineering
data shall be prepared and duly signed and sealed by a professional engineer
licensed in the State of New Jersey, and shall be submitted in triplicate
with the application.
[Amended by Ord. No. 81-8; Ord. No. 96-06]
The fees as established in Chapter 127, Fees, shall accompany an application for a soil moving permit.
A.
Upon receipt of the complete application together with
the required fee, the Borough Clerk shall deliver a copy of the application
to the Borough Engineer who shall review same, inspect the site, and excepting
where the application involves the removal or deposition of less than 500
cubic yards of soil, make a written report to the Mayor and Council. Thereafter,
the Mayor and Council shall fix a time for hearing the application, not less
than 15 days notice of which shall be given the applicant.
B.
In cases involving the removal or deposition of less
than 500 cubic yards of soil, the Borough Engineer may, if he finds that all
the provisions of this article are satisfied, direct the Borough Clerk to
issue a minor soil moving permit forthwith and report on the matter to the
Mayor and Council at its next regular meeting. No hearing will be required.
A.
After hearing the application the Mayor and Council may,
at its discretion, order and schedule a full public hearing within 45 days
and shall notify the applicant of the date of such hearing. The Mayor and
Council shall order such hearing whenever, in its opinion, the proposed soil
removal or deposition may adversely affect private or public property.
B.
The applicant shall notify all property owners within
200 feet of the limits of the property in question at least 10 days prior
to the hearing. Such notice shall be given in person or by registered mail,
and shall state the time and place of the hearing, as fixed by the Mayor and
Council, a description of the property in question, and a copy of the application
filed with the Borough Clerk.
C.
The applicant shall also cause notice of the public hearing
to be published in the official newspaper as designated by the Mayor and Council,
at least 10 days prior to the public hearing.
D.
If the property in question lies within 200 feet of the
municipal boundary, the applicant shall similarly notify the Clerk of the
adjoining municipality at least 10 days prior to the hearing.
E.
The Borough Clerk shall forward one copy of the complete
application to the secretary of the Planning Board. The Planning Board shall
review the application and submit a report to the Borough Clerk prior to the
public hearing.
F.
Prior to the opening of the public hearing, the applicant
shall present to the Borough Clerk the following:
In considering and reviewing applications for soil moving permits, the
Mayor and Council or the Borough Engineer, as the case may be, shall be guided
by and shall take into consideration the public health, safety and general
welfare, and particular consideration shall be given to the following factors:
A.
Soil erosion, by wind and water.
B.
Drainage, both surface and subsurface.
C.
Soil fertility.
D.
Topography and elevations of surrounding streets and
lands.
E.
Land values and land uses.
F.
Traffic, road damage, and weather conditions.
G.
License to enter land and restore the contours of the
natural ground surface as nearly as is practicable.
In granting permits hereunder the Mayor and Council or the Borough Engineer,
as the case may be, shall have the power to impose reasonable terms and conditions
in the public interest, including but not limited to the fixing of time limits
and haul routes.
Prior to the issuance of a major soil moving permit, the applicant shall
post with the Borough Clerk a performance guaranty in the amount to be established
by the Borough Engineer and approved by the Council to guarantee full compliance
with all of the terms and conditions of approval, including the provisions
of this article. In addition, the guaranty shall be conditioned upon the repair
at the expense of the applicant of any street or road damaged in the transportation
of soil related to activities under the permit. The guaranty may be in the
form of a performance bond issued by a surety approved by the Mayor and Council,
a certified check returnable after full compliance, or other type of surety
approved by the Mayor and Council. The form, sufficiency, and execution of
the guaranty shall be discharged after all work has been completed in accordance
with the approved application, including all terms and conditions of approval,
or as amended or modified as provided for herein.
Prior to the issuance of a major soil moving permit, the Mayor and Council
shall have the right to require a cash deposit of an amount not to exceed
10% of the performance guaranty to guarantee compliance with the terms and
conditions of approval, including the provisions of this article, it being
understood that in the event of default the cash deposit shall be resorted
to first by the Borough in pursuing its remedies. It shall also be the right
of the Borough to use the cash deposit to provide for the cost of labor and
material necessary to protect private and public property from damage related
to work performed or the lack of work performed under the permit in the event
the applicant fails to protect the property within five days after notification
by the Borough Clerk. The Borough shall specifically have the right to use
the cash deposit to provide for the cost of repairs to any street damaged
by the transportation of soil related to activities under the permit.
A soil moving permit shall be obtained pursuant to the terms of this
article in case of any subdivision in connection with which the subdivider
proposes or is required to remove soil from or deposit soil upon the premises.
Such permit must be obtained prior to grant of preliminary, or tentative,
subdivision approval. The Mayor and Council may at its discretion and consistent
with the purposes herein stated require completion or partial completion of
all soil moving prior to the erection of any structures on the premises.
A.
If permission to move soil shall be granted, the applicant
or person in charge shall so conduct the operation that there shall be no
steep declivities, pits, or depressions, and in such manner that the area
shall be properly graded to conform with the approved plan pursuant to the
Soil Erosion, Sediment Control and Flood Prevention Ordinance.[1]
B.
The permittee shall not remove from the premises any
topsoil unless specifically authorized upon granting of the permit. Topsoil
shall be stripped from the area prior to the removal or deposition of soil,
and shall be stockpiled or otherwise retained on the premises. Upon completion
of the soil moving activities, the topsoil shall be spread uniformly over
the area.
C.
Only such streets and roads approved or designated by
the Mayor and Council or the Borough Engineer, as the case may be, shall be
used for the transportation of soil. The permittee shall cause such streets
to be kept free from dirt resulting from such soil moving operations.
Anything herein to the contrary notwithstanding, no soil moving permit
shall be required in connection with:
A.
The removal or deposition of less than 100 cubic yards
of soil.
B.
The removal of excess soil resulting from the construction
or alteration of a structure, driveway, parking area, or new street approved
by the Planning Board; however a permit for the deposition of soil resulting
from such activity may be required under the provisions of this article.
C.
The removal of soil from a commercial sand, gravel, or shale pit where such activity has been conducted continuously for a period of at least six months prior to the adoption of this article provided there is compliance with all other ordinances; however, when such exempt activity is deemed by the Borough Engineer pursuant to § 197-32 of this article, to constitute a safety hazard to person or property, the Mayor and Council shall cause a notice to such effect to be served upon the owner and/or tenant. The notice shall fix a time and place when a hearing will be held and if as a result of such hearing it is determined that remedial or preventive action is necessary for the protection of the health, safety, or welfare of the public, the Mayor and Council may require compliance with such provisions of the section as may be appropriate.
Nothing contained herein shall be deemed to modify or repeal any of
the provisions of the Zoning Ordinance of the Borough. In the event of any
inconsistency between the provisions hereof and the provisions of the Zoning
Ordinance, such inconsistency shall be resolved in favor of the enforcement
of the Zoning Ordinance.[1]
A.
The Borough Engineer is hereby designated as the officer
whose duty it shall be to enforce the provisions of this article. He shall
also inspect or cause adequate inspection of work carried out pursuant to
this article. If the Borough Engineer finds conditions other than as shown
in the application or permit, or in the event of failure to comply with the
plan or conditions of the permit, he may require remedial work or measures
to be promptly conducted. He may also require modifications to the plan or
conditions of the permit when in his judgment such are necessary to provide
for the health, safety, or general welfare of the public. The Borough Engineer
may also issue stop work orders and seek other penalties as provided for.
B.
In the event of failure to comply with the requirements
of this article and upon written recommendation of the Borough Engineer, the
Building Inspector shall refuse to issued building permits and/or occupancy
permits, and shall revoke building permits which may have been issued.
Any person, partnership, corporation, public agency, or other entity
who violates any provision of this article shall be subject to a fine of not
more than $500 or imprisonment for not more than 60 days, or both, for each
offense. Each day that a violation occurs, persists, or is committed shall
constitute a separate offense. Notwithstanding this provision, the Borough
may also proceed to obtain injunctive relief to abate the condition and may
seek to recover damages.
Appeals from decisions under this article shall be made to the Borough
Council in writing, such appeal to be filed with the Borough Clerk within
10 days from the date of such decision. The appellant shall be entitled to
a hearing before the Borough Council within 30 days from date of appeal.
