[HISTORY: Adopted by the Mayor and Council of the Borough of South
River 10-25-2004 by Ord. No. 2004-41.
Amendments noted where applicable.]
The terms used in this chapter shall be deemed and construed to have the same meanings as said definitions located in Chapter 284 of the Code of the Borough of South River. In addition, the following terms shall be deemed and construed to have the following meanings:
The moving or removal of topsoil, soil, rock or mineral substance
from, in or upon any land in the Borough.
A.
No owner, developer, excavator or other person shall
dig, excavate, scrape or otherwise disturb, add or cause to be added any soil
to any property within the Borough of South River without first making an
application to the Planning Board which shall hear all applications pertaining
to this chapter, except for those applications which are coterminous with
an application which statutorily lies within the sole jurisdiction of the
Zoning Board of Adjustment. Both the owner and operator of the property shall
have the responsibility to remove that portion of soil which was added or
changes or alters the grade of the property within 30 days after due notice
is given. Any approved soil removal permit shall be issued by the Code Enforcement
Officer.
B.
Subsection A shall not apply in the following situations:
(1)
For the addition of soil used for ornamental plantings
and gardens; provided, however, that said addition does not create an adverse
effect or change or impact the existing drainage patterns or flows on said
property or adjoining properties or any change in the topography of the premises;
or
(2)
The addition of soil is not in connection with the construction
or alteration of any basement, foundation, structural retaining wall, primary
or accessory structures on said property and the addition of said soil does
not change the drainage of water or runoff of water on or from said property.
C.
Applications for exemption of the requirements of this
chapter shall be made to the Secretary of the appropriate Board who shall
forward said exemption request to the Borough Engineer. Upon review, the Borough
Engineer shall determine in writing if the exemption is granted or if the
applicant must apply for a soil addition permit.
A.
Applications made for the addition of soil shall be made to the
South River appropriate Board and notice shall be given of the hearing in
accordance with the land use procedures set forth in the South River Borough
Code or state statute and the application shall be accompanied by the following
items:
(1)
A map of the premises showing the present contour lines
and the proposed future contour lines resulting from the intended addition
or grading of soil based upon a current survey prepared by a New Jersey licensed
professional land surveyor and to be signed and sealed by a New Jersey licensed
professional engineer.
(2)
The grades resulting from the intended addition to soil or regrading in relation to the topography of the premises demonstrating no adverse impacts to any neighboring properties. This information may be included in the map required by Subsection A.
[Amended 12-6-2004 by Ord. No. 2004-62]
(3)
The proposed dates for the commencement and completion
of said work.
A.
In considering the application, the appropriate Board
shall be guided by the following factors:
B.
If, after considering the above factors, the appropriate
Board determines that the proposed addition and/or regrading of soil will
not be detrimental to the health, safety or welfare of the Borough of South
River or its inhabitants, said Board shall approve the application. Otherwise,
said Board 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 a reasonable time after the application is filed.
C.
A permit for the addition of soil shall be issued by
the Code Enforcement Officer in conformance with the approvals of the Board.
If the application is denied, the applicant may appeal the decision
of the appropriate Board to the Borough Council by filing a notice in writing
to that effect with the Borough Clerk within 10 days after receiving notice
of the decision of the approving Board of the Borough of South River. The
Borough Council shall set a time and place for a hearing and shall so notify
the applicant. The decision of the Council rendered after a hearing shall
be final.
The Borough Code Enforcement Officer is hereby designated as the officer
whose duty it shall be to enforce the provisions of this chapter. He shall
from time to time, upon his own initiative and whenever directed by the Borough
Council, inspect the premises for which permits have been granted to ensure
compliance with the terms of the permit and of this chapter. He shall immediately
report all violations to the Borough Council and take such actions as may
be deemed necessary in the chapter. The Borough Engineer's office shall provide
any needed assistance to the Code Enforcement Officer on an as-authorized
basis.
The Borough Engineer shall be paid for his services and carrying out
his duties and responsibilities under the terms of this chapter at fees to
be set forth in the Annual Salary Ordinance of the Borough of South River.
For the purpose of administering and enforcing the provisions of this
chapter, any duly authorized officer, agent or employee of the Borough shall
have the right to enter into and upon any lands in or upon which soil addition
operations are being conducted in order to examine and inspect such lands
and operations thereon.
