Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the governing body of the Township of Little Falls 12-18-1995 by Ord. No. 753 as Ch. XVII of the 1995 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Flood damage prevention — See Ch. 82.
Stormwater management — See Ch. 218.

§ 209-1 Findings.

The governing body 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 Township to promote and effectuate the general purpose of municipal planning.

§ 209-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
MOVE
To dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land or to transport or supply the same.
REDISTRIBUTION
Any change or alteration in the grade of any property.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.

§ 209-3 Permit required.

No person shall excavate any soil or change or alter the grade of any property within the Township without having first obtained a permit from the governing body. This chapter shall not apply to the excavation of soil for use on the premises from which it is taken, provided that this does not involve any substantial change in the topography of the premises; or the excavation of soil in connection with the construction or alteration of the basement or foundation of a building.

§ 209-4 Application information.

Application for a permit shall be made to the governing body and shall be accompanied by the following:
A. 
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
B. 
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map required by Subsection A.
C. 
The proposed dates of the commencement and completion of the work.
D. 
Name and address of the owner of the land.
E. 
Lot and block numbers of the lands as shown on the current Tax Map of the Township.
F. 
Reason for removing the soil.
G. 
Type and quantity of soil to be removed.
H. 
Location to which soil is to be removed.
I. 
Such other pertinent data as the governing body may deem necessary.

§ 209-5 Consideration of application.

A. 
In considering the application, the governing body shall be guided by the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Any other factor which is relevant to the coordinated, adjusted and harmonious development of the Township.
B. 
If, after considering the above factors, the governing body determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the Township or its inhabitants, the necessary permit shall be issued. Otherwise, the governing body shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within 30 days after the application is filed.

§ 209-6 Fee for permit.

[Amended 12-20-2004 by Ord. No. 952; 12-22-2008 by Ord. No. 1060]
No soil removal permit shall be issued until a fee as set forth in Chapter 71, Fees, is paid by the applicant.

§ 209-7 Lawn sod.

The removal of lawn sod shall be permitted on the condition that the owner or lessee of the land from which the lawn sod is removed shall, within two months, replace any soil which has been removed with the sod.

§ 209-8 Bond requirements.

[Amended 12-20-2004 by Ord. No. 952]
Before the permit is issued the applicant shall file with the governing body a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The actual amount of the bond shall be determined by the Township Committee, but in no event shall be less than $1,000, and shall be conditioned as follows:
A. 
That the permittee will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the date of completion set forth in the application.
B. 
That the applicant will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.

§ 209-9 Regulations for soil removal.

Soil removal or distribution conducted under a permit issued under this chapter shall be in accordance with the following regulations:
A. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
B. 
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
C. 
The top layer of soil to a depth of six inches shall not be removed from the premises, but shall be set aside and respread over the premises when the remainder of the soil has been removed.
D. 
All of the work described in this chapter shall be performed between the hours of 8:00 a.m. and 8:00 p.m. on any working day.
E. 
Adequate measures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.

§ 209-10 Approvals from other governmental agencies.

[Added 12-20-2004 by Ord. No. 952]
In addition to the requirements of this chapter, the permittee shall obtain all required approvals from other local, county, regional, state or federal governmental agencies.

§ 209-11 Injunctive proceedings.

In addition to the penalty provisions provided herein, the Township shall have the right to institute suit for injunctive proceedings to restrain the violation of any provisions of this chapter and to compel the restoration of any property upon which work has been done in violation of this chapter.

§ 209-12 Violations and penalties.

Any person violating any of the provisions of this chapter shall be liable, upon conviction, to the penalty stated in Chapter 1, General Provisions, Article I.