The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
by developers and excavators which may result in conditions detrimental
to the public safety, health and general welfare, substantially hampering
and deterring the efforts of the Township to effectuate the general
purpose of municipal planning. The continuation of the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
and filling with unsuitable material may cause serious and irreparable
damage to the public welfare by reason of: consequent soil erosion
by water and wind; inadequate and improper surface water drainage;
decrease in or destruction of the fertility of soil; removal of lateral
support of abutting streets, lands and premises; creation of dust
storms and mosquito breeding places; creation of dangerous depressions
or pits; deterioration of property values; rendering of lands unfit
or unsuitable to their most appropriate uses; and creation of other
factors and elements hampering and deterring the coordinated, adjusted
and harmonious physical development of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
DEVELOPER
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.
LOT
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 or in
the office of the Bergen County Clerk. For the purposes of this chapter,
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 or in the office of the Bergen County Clerk.
MAJOR SOIL PERMIT
Any soil permit other than ministerial for the moving of
soil within any period of 12 consecutive months.
MINISTERIAL PERMIT
A permit, as required by §
565-5 of this chapter, for the moving of between 10 cubic yards and 400 cubic yards of soil within any period of 12 consecutive months. If two or more applications in any twelve-consecutive-month period require the movement of soil in excess of 400 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with §
565-6 of this chapter.
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour, or to
transport, or to supply. This term shall not be construed to include
plowing, spading, cultivating, harrowing or disking of soil or any
other operation usually and ordinarily associated with the tilling
of soil for agricultural or horticultural purposes, landscaping and
gardening by homeowners or agents of homeowners, provided it does
not substantially alter existing drainage patterns.
OWNER
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.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or matter,
including any synthetic substance used as a substitute for or in conjunction
with soil.
SUITABLE FILL
The Township Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. Suitable materials
shall include but not be limited to materials such as earth, clay,
gravel, stone, dirt, etc.
TOPSOIL
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.
UNSUITABLE FILL
The Township Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. The unsuitable
materials are materials such as peat moss, organic material, vegetation,
leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden
logs, etc.
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
unless and until a soil moving permit therefor shall first have been
issued in accordance with the provisions of this chapter.
All applications for soil moving permits shall be made through
the Municipal Clerk's office.
The procedure for applying for and issuance of a ministerial
soil moving permit shall be as follows:
A. Applications for ministerial soil permits shall be filed with the Municipal Clerk and shall be accompanied by the fee prescribed in §
565-7 of this chapter. Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Municipal Clerk. In addition to any other requirements which the Township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following:
(1) The identity and location of the applicant.
(2) The lot and block number of the lot or lots involved.
(3) The identity and location of the owner of the lands.
(4) The purpose or reason for the moving of the soil.
(5) The estimated quantity in cubic yards of soil to be moved.
(6) A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more.
(7) The proposed date of completion of the work.
B. The Municipal Clerk shall require the applicant to submit existing
topographical map and proposed grading and drainage plan and to notify
by certified mail the abutting property owners about the soil moving
operation if the Township Engineer deems it necessary due to the existence
of a substantial drainage or erosion-of-soil problem and to protect
the health, safety and welfare of the people and property.
C. The Municipal Clerk shall refer the application to the Township Engineer.
The Township Engineer, upon receipt of the application, shall make
a field investigation and shall issue the permit or deny it, giving
his reasons for denial. The Township Engineer will forward a copy
of the permit to the Building Department and one to the applicant
and shall retain one copy on file. The Township Engineer shall classify
any ministerial soil application as a major soil application if he
finds the application will present unusual drainage or erosion-of-soil
problem or adversely affect the development of the abutting lot or
lots.
The procedure for applying for and issuance of a major soil
moving permit shall be as follows:
A. On forms prescribed and supplied by the Planning Board, the applicant
shall set forth, in duplicate to the Planning Board, with a carbon
copy to the Township Engineer and Building Department:
(1) The identity and location of applicant.
(2) The description of the lands in question, including lot and block
number of the lot or lots involved.
(3) The name and address of the owner of the lands.
(4) The purpose or reason for moving the soil and whether it will be
done in connection with a proposed subdivision; if so, the date of
filing the application for subdivision.
(5) A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal.
(6) The kind and quantity in cubic yards of the soil to be removed.
(7) In case of removal or replacement of soil, the place to which the
soil is to be removed, and the place and quantity of soil to be removed,
in fill and excavation and the transportation route to be used in
the Township.
(8) The proposed date of completion of the work.
(9) A certificate that he has placed or caused to be placed stakes at
each corner of the lot or lots 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 provisions of this chapter, clearly marked to indicate
the soil cuts or fill.
(10)
A statement as to how the moving of the soil will affect all
trees with a diameter of six inches or more.
B. Signatures. Said application shall bear the signatures 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 consent to the Township, 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 chapter.
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
100 feet of the perimeter of said lot, but not beyond the far side
of an abutting street right-of-way, prepared and certified by a licensed
professional 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 surrounding lands:
(1) The dimensions of the lot, including distance and bearings, and the
lot and block number of the lot and each lot in the surrounding lands
as shown on a Tax Assessment Map of the Township.
(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 surface and 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 map are to be changed as a result of completion of the
proposed work.
(8) Proposed slopes and lateral supports at the limits of the area upon
completion of the soil moving operations.
(9) 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, grade and method of erosion control.
(10)
Accurate cross sections showing the locations and quantities
in cubic yards of soil to be moved.
(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 Planning Board may, by resolution,
require.
(13)
All easements and restrictions of record which may affect the
subject lot or lots.
(14)
If said moving application is in conjunction with site plan
or subdivision plan, the developer shall submit complete site plan
or preliminary subdivision plan according to the appropriate Subdivision
Ordinance.
D. Inspection of site.
(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.
(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) The Township Engineer 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 points designated on the topographical map pursuant to the provisions of Subsection
A hereof.
E. Hearing. The Planning Board shall, within 60 days after receipt of
the application, fix a date for a hearing for the purpose of considering
the application and shall give to the applicant, either personally
or by certified mail, notice of the time and place of the 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 on the municipal tax records to
be the owners of such lots within 200 feet of the property in question.
The applicant shall, at the hearing, present to the Planning Board
satisfactory proof, in affidavit form, of the service of said notices.
[Amended 10-21-2002 by Ord. No. 02-18]
F. Factors to be considered in determining application. In considering
the application, the Planning Board shall be guided by the general
purpose of municipal planning and shall take into consideration the
following factors:
(1) Soil erosion by water and wind.
(2) Surface and subsurface water drainage.
(3) Soil fertility and soil-bearing capacity.
(4) Lateral support of abutting streets and lands.
(5) Public health and safety.
(7) Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
(8) Proposed complete site or preliminary subdivision plan.
G. Decision. The Planning Board shall review and consider the application,
which must be complete, including all of the requirements of the provisions
of this chapter and the material factors brought up at the public
hearing and the reports of other reviewing authorities of the Township,
and shall either grant or deny the issuance of said soil permit. If
the Planning Board denies the permit, the reason for the denial shall
be stated. The Planning Board also can issue a permit with stipulations
and conditions. The Planning Board shall act within 60 days of the
filing of a complete application. The Planning Board shall act only
upon the filing and receipt of a complete application within the said
60 days. The failure of the Planning Board to either deny or grant
the permit within the said 60 days shall be considered an automatic
approval of the issuance of said permit unless the Planning Board
extends the time limit for a period not to exceed an additional 60
days.
H. Appeal. An appeal from the decision of the Planning Board may be
taken to the Township Council, provided such appeal shall be taken
in accordance with N.J.S.A. 40:55D-17.
All soil removal fees shall be paid to the Municipal Clerk.
A. Soil application fee.
[Amended 5-17-2004 by Ord. No. 04-6]
(1) Ministerial soil application fee: see Chapter
212, Fees. In addition, there shall be posted a deposit of $350 with the application for engineering costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2) Major soil application fee: see Chapter
212, Fees. In addition, there shall be posted a deposit of $1,500 with the application for engineering costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3) Soil application fees will not be refundable, whether the permit
is issued, denied or withdrawn.
B. Soil moving deposit and fee. There shall be posted by the developer
with the Municipal Clerk a deposit equal to the estimated cost of
the soil removal project as established by the Township Engineer,
against which the soil moving fee hereunder shall be charged from
time to time by the Township. In the event that the deposit is depleted
by virtue of the charging of the soil moving fee set forth herein,
the developer shall post such additional soil moving deposits as shall
be established by the Township Engineer. The soil moving fee shall
be charged at $0.25 per cubic yard or fill or excavation, whichever
is greater. If the permit is denied or withdrawn or if all soil moving
has been completed on the project as certified by the Township Engineer
and there remains a balance of the deposit posted hereunder, the soil
moving deposit shall be refunded, less the expenses incurred by the
Township.
[Amended 5-1-1989 by Ord.
No. 89-7; 5-17-2004 by Ord. No. 04-6]
C. Engineer's services. In addition, a fee of 7% of the estimated
cost of the soil removal project as estimated by the Township Engineer
shall be posted with the Municipal Clerk to cover the expenses incurred
by the Township for the Township Engineer's services pursuant
to this chapter. The Township Engineer's services shall be charged
at the same rate then being charged the Township. In the event such
fee posted is insufficient to cover Township expenses for the Township
Engineer's services, an additional fee shall be required to be
posted to pay such additional expenses, not to exceed an additional
7% of the estimated cost of the project. Any unused fees posted and
not utilized under this chapter shall be remitted to the applicant.
D. Exemption. All utility companies, federal, state and local authorities,
including Board of Education, and, further, any movement of soil amounting
in the aggregate up to 10 cubic yards of soil in a twelve-month consecutive
period, shall be exempt from the requirement of soil application fee
and soil movement fee.
No person to whom a soil removal 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 or any endeavor or enterprise other than the
grading or regrading of said premises in accordance with the provisions
of said permit and, where applicable, the necessary disposal of soil
incidental to said grading and regrading.
B. Conduct or maintain any soil moving operations without having first
made adequate provisions, 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 wholly excavated boulders or other
noncombustible debris resulting from the soil moving operations, by
burial or removal, and 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 removal permit or extended expiration date as
may duly be granted by the Planning Board.
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 removal permit specifies otherwise and the performance bond,
hereinbefore referred to, makes specific provisions for replacement,
on or before the completion date set forth in the soil removal 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 removal permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the 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 Planning Board 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 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 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,
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.
Nothing in this chapter shall be construed to affect or apply
to any person engaged in the moving of soil in any 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 chapter,
any member of the Planning Board, duly authorized agent of the office
of the Township Engineer and Building Department of the Township 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.
[Amended 6-3-1985 by Ord.
No. 85-5]
Any person who violates any provision of this chapter or conditions attached to the issuance of any permit shall be punishable as provided in §
1-1 of Chapter
1, General Provisions. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.