[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 4-10 of the Revised General Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 165.
The Borough Council hereby finds and determines
that the unregulated and uncontrolled relocation, filling, excavation
and removal of soil on a large scale has resulted in conditions detrimental
to the public safety, health and general welfare, substantially hampering
and deterring the efforts of the Borough to effectuate the general
purpose of municipal planning; that large soil removal operations
shall be related to the overall physical development of the area within
which such soil removal operation is located and, therefore, it is
essential that proposed soil removal operations be considered fully
by the Planning Board; and that the removal of soil should be limited
to the quantity deemed necessary to develop the premises in question
for purposes consistent with standards hereinafter established.
A.
No person shall place fill or excavate or otherwise
remove soil for sale or for use other than on the premises on which
the soil is located, except for the excavation for the foundation
of a building to be constructed or altered on such premises and the
incidental grading needed to construct lawn and driveway, without
first having obtained permission thereof from the Construction Official
and/or Borough Engineer.
B.
Major subdivisions and site plans approved by the Planning Board or Board of Adjustment, when such approval included a grading plan as described therein, are exempt from applying for a permit; however, prior to the commencement of clearing or the placement of fill or excavation or removal of fill, the developer of said major subdivision or site plan shall post with the Borough a bond as described in § 258-9.
As used in this chapter, the following terms
shall have the meanings indicated:
To take, to excavate, to relocate on or off the premises,
to place, to fill, to grade, to regrade, level or otherwise alter
or change the location or contour of soil, to transport, to supply.
"Move" shall not be construed to include plowing, spading, cultivation,
harrowing or any other operation ultimately associated with the tilling
of soil for horticultural or agricultural purposes.
Any earth, sand, clay, loam, gravel, humus, rock or dirt
without regard to organic matter.
The provisions of the chapter shall not apply
to soil moving, removal or excavation for building foundations and
septic disposal systems or for driveways necessary thereto not in
excess of 60 feet or in-ground pool; provided, however, that no moving,
removal or excavation shall take place except in accordance with a
building permit issued by the Building Inspector. A person may, however,
bring to the premises amounts of soil not exceeding 30 cubic yards
during any three-hundred-sixty-five-day period, provided the said
soil is used to repair roads, driveways or landscaping, and no permit
or fees shall be required.
A.
Before consideration by the Construction Code Official
and/or Borough Engineer of such permit, the owner of the premises
from which soil is to be placed or removed shall first file with the
Construction Code Official and/or Borough Engineer an application
requesting such permission, together with a map of the premises, showing
the contour lines and proposed contour grades resulting from such
intended placement or removal of soil in relation to the topography
of the premises. The proposed contour lines and proposed grades shall
be subject to the inspection and approval of the Construction Code
Official and/or Borough Engineer. The applicant will be required to
describe how and when the disturbed area will be stabilized and revegetated.
If the project disturbs more than 5,000 square feet, except for a
single-family home, then a permit must also be obtained from the Morris
County Soil Conservation Service, and the applicant must submit a
copy of the plan submitted to the District, and a copy of any conditions
imposed by the District shall be given by the applicant to the Construction
Code Official and/or Borough Engineer.
B.
Requirements for approval.
(1)
The Construction Code Official and/or Borough Engineer
in considering and reviewing the application and in arriving at a
decision shall be guided by and take into consideration the public
health, safety and general welfare, and particular consideration shall
be given to the following factors:
(a)
Soil erosion by water and wind, or fertility
problems.
(b)
Drainage or sewerage problems and the effect
of flooding upon the premises in question.
(c)
Lateral support slopes and grades of abutting
streets and lands.
(d)
Land values and uses.
(e)
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Borough.
(f)
Effect of soil placement or removal upon public
health, welfare and safety.
(g)
Determination that soil placement or removal
will not result in the creation of any sharp declivities, pits or
depressions or other dangerous conditions.
(h)
Whether the property can be developed for its
zone use without the proposed soil removal.
(i)
Whether the proposed removal of soil is incidental
to the development of the property or constitutes primarily a commercial
activity.
(2)
The Construction Code Official and/or Borough Engineer
shall not consider granting a permit for the removal of soil for sale
or use on or off the premises from which the soil shall be taken unless
and until the owner of the premises files a written application for
such permit, in quadruplicate, with the Construction Code Official
and/or Borough Engineer upon forms supplied by the Borough. The Construction
Code Official and/or Borough Engineer shall not approve any application
for soil removal until and unless the applicant submits proof that
no taxes or assessments for local improvements are due or delinquent
on the property for which application is made.
A.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform with the contour lines and grades as approved
by the Construction Code Official and/or Borough Engineer.
B.
The owner or person in charge of the placement or
removal of soil, when permission has been granted, shall not bury
or take away the top layer of arable soil for a depth of six inches,
but such top layer of arable soil to a depth of six inches shall be
set aside for retention on the premises and shall be respread over
the premises when the rest of the earthwork has been completed, pursuant
to levels and contour lines approved by the Construction Code Official
and/or Borough Engineer. After the arable soil has been spread and
graded, it shall be fertilized, limed (if needed), and seeded, and
all slopes steeper than three horizontal to one vertical shall be
mulched or stabilized in some other acceptable manner.
If a permit is issued, the permittee shall conduct
the removal of soil subject to the following terms and conditions:
A.
The permittee shall agree, in writing, to properly
level off, remove debris and grade the involved premises to the contour
lines and grades approved by the Construction Code Official and/or
Borough Engineer.
B.
All soil removal operations shall be conducted only
during the hours of 7:00 a.m. and 5:00 p.m. on weekdays; provided,
however, that no trucks shall be permitted at the site of the operation
prior to 6:45 a.m. It shall be unlawful to conduct moving, grading
or excavating operations at any other times than specified herein
or on any Sunday or legal holiday.
C.
The transportation of soil shall be restricted to
street routes established by the Administrator. Determination by the
administration of the street routes to be used shall be based upon
factors which contribute to the best interests of the health, safety
and welfare of the residents of the Borough.
D.
To prevent air pollution by large quantities of dust
and dirt, all reasonable means shall be employed by the permittee
or the person in charge of the soil removal, grading or excavating
operation. The applicant will advise the Construction Code Official
and/or Borough Engineer of his specific means of dust control.
E.
If the project disturbs more than one acre of land
or more than 5,000 cubic yards of soil, then on or before the fifth
of each month there shall be filed with the Borough Engineer a certification
by a professional engineer as to the volume of soil removed during
the previous month. The violation of this provision shall automatically
revoke the permit.
A.
Where soil removal is permitted, no person, owner,
developer, or excavator shall deposit soil upon, fill in or raise
the grade of any lot without first making provisions for:
(1)
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 shrinkage or settlement.
(2)
The collection and storage upon the lot of 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 of 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 the requirement of the previous
sentence is not practicable, provision shall be made for uniform fill
soil or other material, except only such portions thereof as 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, or 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.
(3)
The preservation of existing watercourses, in accordance
with the plans on file.
(4)
The planting of shrubbery and trees as may be directed
by the approving authority.
B.
At no time will excavations be permitted to go below
the final grade as established by the submission.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Construction Code Official and/or Borough Engineer, a bond, in
form and with surety acceptable to the Borough, in such amount as
in the opinion of the Construction Code Official and/or Borough Engineer
shall be sufficient to ensure the faithful performance of the work
to be undertaken pursuant to the permission granted in accordance
with the provisions of this section, including regrading to the contours
proposed, spreading and fine grading of the arable soil, fertilizing,
seeding and mulching and such other work as may reasonably be determined
to be necessary for the protection of the public and particularly
adjacent owners and restoration of damages caused by the approved
moving of soil.
A.
Permit fees. Prior to commencement of operations,
a permit fee shall be paid to the Borough, calculated in accordance
with the following schedule:
|
Soil to Be Removed
(cubic yards)
|
Fee
| |
|---|---|---|
|
Up to and including 500
|
$300
| |
|
Above 500
|
$300 plus a sum computed at a rate of three
cents ($0.03) per cubic yard multiplied by the number of cubic yards
to be moved
|
B.
Additional costs. In addition to the fee as set forth
in the preceding section, the applicant shall also pay for all engineering
and other services which the Borough may deem desirable or necessary
to ensure an orderly soil removal operation in full compliance with
the provisions of this chapter.
In the event that, in the opinion of the Borough
Engineer, the project or any part thereof has been abandoned, is unnecessarily
delayed, or cannot be completed at the rate of progress or within
the time specified in the soil removal permit, or there is a violation
of any ordinance or any specific terms of the soil removal permit
or agreement entered into between the Borough and the applicant, then
the Borough Engineer may so certify in writing to the Construction
Official, and the Construction Official may, after a hearing held
on seven days' notice, declare a default and notify the person having
an interest in or in charge to discontinue the project. The Construction
Official may, at his option, revoke the soil removal permit or may
call upon the surety to complete the project.
A.
Appeal. In the event that the Construction Official
and/or Borough Engineer should deny an application, the applicant
may make written request to the Planning Board for a hearing, which
shall be granted within 30 days thereafter. In this event, a review
fee shall be paid prior to the hearing as follows:
|
Total Fee
|
Total Amount of Soil to be Removed
(cubic yards)
| |
|---|---|---|
|
$200
|
0 to 500
| |
|
$500
|
500 to 10,000
| |
|
$750
|
10,001 to 50,000
| |
|
$1,000
|
50,001 to 100,000
| |
|
$1,500
|
100,001 to 200,000
| |
|
$2,000
|
200,001 to 300,000
| |
|
$2,500
|
300,001 to 500,000
| |
|
$3,000
|
500,001 to 1,000,000
| |
|
$3,500
|
1,000,001 to 2,000,000
| |
|
$3,500 plus $100 for every 100,000 cubic yards
in excess of 2,000,000 cubic yards.
| ||
B.
Hearing; service of notice.
(1)
Upon the filing of a completed application as required by § 258-5B(2), together with the necessary accompanying items required, the Planning Board Secretary shall notify the applicant that the matter will be considered by the Planning Board at a public hearing to be held on the date therein fixed, which date shall not be less than 30 days nor more than 60 days after the date of receipt by the Secretary of the application, together with all other items required.
(2)
The applicant, upon receipt of such notification,
shall serve or cause to be served by personal service or by certified
mail, return receipt requested, a written notice upon all property
owners, as shown by the most recent tax lists of the Borough, within
200 feet of the extreme limits of the property affected by the application.
(3)
Said written notice shall be served not later than
seven days prior to the date of the public hearing and shall state
the time and place of hearing, a brief description and location of
the premises involved and a notation that a copy of the application
and accompanying items which have been filed with the Planning Board
Secretary are open for public inspection.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Borough of Wharton 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 land.
