Borough of Alpine, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Alpine 3-25-1998 by Ord. No. 541. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 79.
Moving of buildings — See Ch. 82.
Site plan review — See Ch. 179.
Streets and sidewalks — See Ch. 192.
Subdivision of land — See Ch. 195.
Swimming pools — See Ch. 198.
Trees — See Ch. 205.
Zoning — See Ch. 220.
Attachment 1 - Schedule A, Soil Movement Fee Schedule

§ 185-1 Purpose.

A. 
The Borough Council recognizes that the State Soil Conservation Committee (pursuant to the Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., and the regulations enacted pursuant thereto, N.J.A.C. 2:90-1.1) has established standards controlling the disturbance of soil on defined projects to control soil erosion and sediment deposition. The state standards for soil erosion and sediment control shall apply and take priority for all projects as defined by N.J.S.A. 4:24-41g except that the Borough of Alpine shall implement the same standards for projects which disturb less than 5,000 square feet of surface area and for exempt single-family dwelling units.
B. 
The Borough Council finds that the control of the amount, volumes and location of soil importation, exportation, mining and movement is necessary for public health and safety and that the following general purposes of municipal planning and land use and regulations shall be taken into consideration when reviewing all proposed soil movement in the Borough:
(1) 
The general welfare of the Borough of Alpine and its citizens.
(2) 
Surface water drainage.
(3) 
Soil fertility.
(4) 
Lateral support of abutting streets and land.
(5) 
The unsightliness of the premises after excavation and during construction.
(6) 
The effect of flooding upon the premises and on adjacent properties in question.
(7) 
The prevention of any nuisance caused by soil movement operations.
(8) 
Traffic on and off site.
(9) 
The effect that the proposed movement of soil would have on individual sanitary sewerage disposal systems.
(10) 
The effect on surrounding land values and uses.
(11) 
Whether the proposed work is necessary in connection with the immediate development of the property.
(12) 
Such other factors as may bear or relate to the development of the coordinated, adjusted and harmonious physical development of the Borough.
(13) 
The preservation of existing wetlands and watercourses, and noninterference with wetlands, stream beds, stream or watercourse banks or their stabilization.
(14) 
The creation of sharp declivities, pits or depressions.
(15) 
The prevention of soil mining.
(16) 
Preservation of existing trees and natural topography.

§ 185-2 Definitions.

The terms used in this chapter shall be deemed and construed to have the following meanings:
APPLICANT
A property owner submitting an application for a soil movement permit.
CLEAN
Broom clean; all soil removed.
DAY
A calendar day.
DEVELOPMENT
Improvement of a lot by the construction or erection of one or more buildings for residential, commercial or industrial purposes and improvement of lands through or for conservation or flood control.
ENVIRONMENTAL CONSULTANT
An individual or firm retained by the Borough Council, Planning Board or Board of Adjustment. The individual or firm shall possess a degree from an accredited institution of higher learning in environmental studies.
EROSION AND SEDIMENT CONTROL MEASURES
The standards for soil erosion and sediment control established by the State Soil Conservation Committee.
EXCAVATOR
Any person who shall move or remove soil as the terms are hereinafter defined.
LOT
Any parcel of land or portion thereof the boundary lines of which may be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough of Alpine or in the office of the Clerk of Bergen County.
MOVE
To dig; to excavate; to remove; to import; to export; to deposit; to place; to dump; to fill; to backfill; to deliver; to grade, regrade or level; to rough grade or fine grade; to level, relocate or otherwise alter or change the location or contour; to transport; to supply; to extract or to shift the location of tree stumps. 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.
NUISANCE
Any conduct which is either unlawful in itself or unreasonable under all circumstances or the creation or maintenance of a condition which endangers the safety or health of the general public.
OWNER
Any person seized in fee simple of any lot.
PERSON
Any individual, firm, association, partnership or corporation, or any group of two or more of them.
SOIL
Any earth, sand, clay, loam, gravel, humus, tree stumps, minerals, mud, silt, ore, muck, stone, rock or dirt, without regard to the presence or absence therein of organic matter, and any debris whether organic or construction debris including but not limited to asphalt, concrete and macadam.
SOIL MOVEMENT OPERATION
Delivery or removal of equipment or materials associated with soil movement; soil movement; installation or removal of erosion control measures; starting or warmup of equipment; arrival, departure or waiting of transport vehicles for equipment or soil; street cleaning; restoration; revegetation.
STOCKPILE
A reserve supply of soil accumulated on site in anticipation of future use on or off site.
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.

§ 185-3 Permit requirements.

A. 
Permit required. No person shall excavate, remove or move, or cause, allow, permit or suffer to be removed or moved, any soil from, onto, in or upon any lot or right-of-way in the Borough of Alpine unless and until a soil movement permit therefor shall first have been issued pursuant to this chapter and shall be in effect, unless the activity is excepted under this chapter. No person shall make, create or cause to be created, a reserve supply of soil or accumulate soil on site or in rights-of-way in anticipation of future use or disposal without the express written permission of the Borough of Alpine as provided herein.
B. 
Responsibility of owner. Unless the soil movement activity is excepted under this chapter, no owner of any lot in the Borough of Alpine shall cause, allow, permit or suffer any soil from, in or upon such lot to be removed or moved or any soil to be imported to or deposited upon such lot, until a soil movement permit therefor shall have been obtained and is in effect (i.e., not suspended, revoked or expired). It shall be the responsibility of the owner to monitor the status of any soil movement permit issued, and to verify that a permit is in effect before he permits soil movement on his property. It is the further responsibility of the owner to notify all contractors and/or subcontractors, and all vehicle operators, involved in any way with the soil movement on the property of the conditions of the approved soil movement permit and the requirements of this chapter.
C. 
Conditions of permit. Unless the soil movement activity is excepted under this chapter, no soil shall be imported to or deposited upon, excavated, moved on or removed from, in or upon any lot in the Borough of Alpine except in connection with the immediate development of such lot in accordance with all applicable ordinances of the Borough of Alpine and all applicable statutes of the State of New Jersey, and then only after a soil movement permit has been obtained. It is hereby required that the applicant set forth in or append to the soil movement permit application a time schedule showing the date of commencement and completion of both the soil movement operation and the developmental use or program to which the applicant proposes to put the property. In the event of any conflict with the terms of this chapter and the state standards for soil erosion and sediment control, the state standards shall control and the State Soil Conservation Committee and the Bergen County Soil Conservation District shall have jurisdiction.
D. 
Permit procedure. The procedures to be followed in the application for, review of the application form for, issuance of and monitoring of a soil movement permit shall be listed hereafter:
(1) 
Application form. On forms prescribed and supplied by the Borough Construction Officer, and on supplements thereto, the applicant(s) and the owner(s) of the property shall apply for the permit and shall set forth, under oath, in triplicate, the following:
(a) 
The name(s) and address(es) and telephone number(s) of the owner(s) of the lot(s) which is (are) the subject of the application.
(b) 
The description of the lot(s) in question, including lot number(s), block number(s) and street address(es).
(c) 
A description of the ultimate purpose for importing, depositing, excavating, moving or removing soil.
(d) 
The kind and quantity, in cubic yards, of soil to be imported, deposited, excavated, moved or removed, including specific cut, fill, import, export and stockpile volumes, the proposed height(s) of the stockpile(s) and the total volume of soil to be moved.
[1] 
In the case of removal, the location (i.e., street address, municipality and state) to which the soil is to be removed and the kind and quality of soil to be removed shall be set forth.
[2] 
In the case of importation of soil to a site, the street address, municipality and state of the property from which the soil is to be obtained, the owner of the premises from which the soil is to be obtained, the name and telephone number of the owner or representative of the owner of the premises from which the soil is to be obtained, and the kind and quality of the soil to be imported shall be set forth.
[3] 
Earthwork's cross-sections and end area method volume calculations, in a form acceptable to the Borough Engineer, shall be submitted with the application to verify the quantities of soil to be moved. A minimum of five cross-sections shall be submitted with each application, including applications for soil movement associated with single-family home construction.
(e) 
The proposed date of commencement of the work and the proposed date of completion of the work, specifying month, day and year.
(f) 
The name, street address, municipality, state and telephone number of person(s) having express charge, supervision and control of the proposed soil movement operations. The applicant shall provide a twenty-four-hour telephone number of operator or supervisor of soil movement operations.
(g) 
A copy of the Soil Erosion and Sediment Control Plan as required by N.J.A.C 2:90-1.1 et seq.
(h) 
A listing of waivers requested in conjunction with the application, including the Code requirement, the proposed deviation therefrom and the reason for the deviation.
(2) 
Plan requirements and proposed grading. Accompanying the application shall be a topographical map, drawn to a scale of not less than one inch equals 30 feet, on sheets no larger than 42 inches by 36 inches, and referenced to the USGS datum, prepared, certified and sealed by a New Jersey licensed professional engineer and land surveyor, in triplicate, showing the following information. For items included in the state standards for soil erosion and sediment control, satisfaction of the state standards are required.
(a) 
The present grades of the lot(s) to, from or upon which it is intended to import, deposit, excavate, move or remove soil. When aerial topography is utilized, the plans shall so note, and the applicant shall be required to verify the accuracy of said aerial topography to the satisfaction of the Borough Engineer with conventional field survey information.
(b) 
The present grades of all land within 25 feet of the boundaries of the subject lot(s).
(c) 
The present grades of all abutting streets, and rights-of-way, for the full width of the rights-of-way and the full frontage(s) of the subject parcel(s).
(d) 
The proposed final grades shown by contour lines over the entire parcel when the work has been completed, at vertical intervals no greater than two feet, which shall not exceed 10 feet in deviation from the present grade on lots two acres or larger and shall not exceed five feet in deviation from the present grades on lots less than two acres in area.
(e) 
The quantity, in cubic yards, of soil involved in the work of cutting, filling, importing, exporting, and/or stockpiling, together with the location(s) and base area(s) of any proposed stockpile(s).
(f) 
Proposed slopes and lateral supports, which shall not exceed one foot vertical to four feet horizontal, and no slopes that redirect or concentrate stormwater runoff onto adjacent properties.
(g) 
Proposed retaining walls, which shall not exceed six feet in height and shall be no closer than six feet from any lot line or wall (proposed or existing), or any tree buffer as per Chapter 205, whichever is greater, with a stability analysis and detailed plans signed and sealed by a licensed professional engineer for all retaining walls in excess of three feet in height.
[Amended 9-24-2008 by Ord. No. 688]
(h) 
Present and proposed surface water drainage and the means of control of same.
(i) 
Spot grades showing the proposed elevations at all building corners, at the edges of all paved areas, at all bend points in retaining walls, and at other locations deemed necessary by the Borough Engineer.
(j) 
The location and limits of all on-site wetlands and wetland transition areas.
(k) 
The boundaries of the lot(s) in question and of all lots with this area within 200 feet of the perimeter(s) of the subject lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single-family home is to be constructed.
(l) 
Soil erosion and sediment control details proposed for use on the site consistent with the state standards.
(m) 
The location(s), type(s), and size(s) of all existing trees over nine inches caliper within the actual area(s) of disturbance. Trees shall be measured for the purpose of this subsection at a height of three feet from the existing grade at the base of the tree.
(n) 
Such other data as the Planning Board, Zoning Board, Council, Environmental Commission and/or Borough Engineer may deem necessary and require.
(3) 
Liability insurance.
(a) 
Accompanying the application shall be proof of liability insurance held by or for the benefit of the owner as an additional named insured in minimum amount of $1,000,000, combined single limit.
(b) 
The insurance must be maintained for the full term of the permit.
(c) 
In the event that the insurance does not cover the full term of the operations as noted on the application, acceptable proof of replacement insurance must be submitted to the Construction Officer a minimum of 10 calendar days before expiration of the initial coverage.
(d) 
Failure to maintain the required liability insurance and/or failure to provide proof of replacement coverage on or prior to the deadline in Subsection D(3)(c) above shall result in the automatic revocation of the soil movement permit.
(e) 
In the event that the permit is revoked in accordance with Subsection D(3)(d) above, all soil movement operations shall cease until such time as proper documentation is received by the Borough, and a written reinstatement of the permit is issued by the appropriate authority.
(4) 
Fees.
(a) 
The application shall be submitted to the Construction Officer with a fee in an amount set forth on the attached Schedule A,[1] which is incorporated herein by reference.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(b) 
In the event of the Borough's decision to deny a soil movement permit, all that portion of the fee in excess of the Borough's engineering, legal, administrative and other expenses shall be refunded to the applicant.
(c) 
All soil movement fees shall forthwith be deposited in a specially designated and separate project escrow account and shall be used to pay the Borough's engineering, legal, administrative and any other expenses incurred in processing the application and monitoring of the permit status and applicant's performance. Upon completion of the soil movement operation or the expiration of the permit, any unexpended portion of the fee shall be retained by the Borough and transferred to the tax account of unanticipated revenue. In the event that the fees posted by the applicant are insufficient to meet the reasonable engineering, legal and administrative expenses incurred by the Borough in processing the applications and monitoring the permit status and the applicant's performance, the applicant shall upon the request of the Borough immediately pay such additional engineering, legal and administrative and other expenses incurred by the Borough. In the event that the project is not completed or in the event that the applicant does not pay all the fees required by this chapter, the sums due to the Borough shall become an obligation of the owner of the property and shall become a lien upon the property.
(5) 
Review of application for soil movement permit.
[Amended 2-26-2003 by Ord. No. 608]
(a) 
Borough Engineer approval. If the Borough Engineer determines upon his review of the documents forwarded to him under this chapter that the total proposed movement of soil is less than 1,000 cubic yards, no waivers are being requested or are required and no special unique situation exists in conjunction with the application, then the Borough Engineer shall review and approve or deny the permit application within 30 days after receipt of a complete application.
(b) 
Development application. If the application for a soil movement permit is made in conjunction with a development application for which the Planning Board or Board of Adjustment has jurisdiction then the Land Use Board having jurisdiction of the development application shall also review and approve or deny the soil movement permit application. If the application for development requires a public hearing then the application for the soil movement permit shall be considered at the public hearing on notice as required by N.J.S.A. 40:55D-12. The time for the Land Use Board to act upon the application for a soil movement permit shall be the same time as is required to act upon the development application.
(c) 
Waiver; special or unique circumstances. If waivers are requested or required, or if in the opinion of the Borough Engineer, special or unique circumstances exist in connection with the application, then the Borough Engineer shall refer the application to the Planning Board pursuant to N.J.S.A. 40:55D-26b for a recommendation. The Planning Board shall review the application in accordance with the procedures set forth in § 185-3D(5)(d) of this chapter and submit its written recommendations to the Mayor and Council who shall make the final determination on issuance of the permit.
(d) 
Movement of more than 1,000 cubic yards of soil. An application for a soil movement permit for movement of more than 1,000 cubic yards of soil shall be submitted for review and recommendation to the Planing Board pursuant to N.J.S.A. 40:55D-26b. The Planning Board shall conduct a hearing prior to the issuance of its written recommendations. The Planning Board shall establish a date for the hearing on the application so as to permit the applicant to give 10 days' written notice of the date, place and purpose of the hearing to the owners of all property within 200 feet of the premises covered by the application. After the hearing, the Planning Board shall submit its written recommendations to the Mayor and Council with respect to the application. If, after examining the application and the recommendations of the Planning Board and after considering the results of the public hearing before the Planning Board, the Mayor and Council shall be of the opinion that the proposed soil movement will not create conditions inimical to the public health, welfare and safety, nor create any drainage, soil erosion or other conditions of danger, the Mayor and Council, subject to the conditions it may attach, may grant the soil movement permit application.
(6) 
Processing application.
(a) 
General requirements.
[1] 
Sufficient copies of the application as determined by the Construction Officer together with the accompanying documents and maps, shall be filed with the Construction Officer, of which one each shall be sent to the Borough Engineer, and the Borough Environmental Commission.
[2] 
The Borough Environmental Commission shall review the application and the accompanying documents and send copies of its report to the Construction Officer and the Borough Engineer within 30 days from the date of application. The Environmental Commission shall set forth its opinion, recommendations and comments in writing to the approving agency. Failure of the Borough Environmental Commission to render a report within 30 days shall not delay consideration of the application.
[3] 
The Borough Engineer shall review the application and the accompanying documents and make his report to the Construction Officer and/or the Planning Board or the Board of Adjustment, as appropriate, within 30 days of the date of application. This report shall incorporate comments from the Environmental Commission, and shall indicate the status of the application, soil movement volumes, any waivers being requested and all application deficiencies.
[4] 
If, in the opinion of the Borough Engineer, the application is not complete, the Engineer shall notify the applicant of the deficiencies, in writing, within 30 days from the date of application. For purposes of determining completeness of an application, all information, maps, documents, and fees required by Subsection D(1), (2) and (4) are required to be submitted. The Borough Engineer shall determine the completeness of an application. Proof of liability insurance coverage may be supplied after review by the Planning Board or the Board of Adjustment but must be submitted before the issuance of a permit. The time periods for review of the application shall be suspended until complete information is submitted to the Borough and deemed complete by the Borough Engineer.
[5] 
Revisions and/or amendment to the application must be made on the application form and initialed. Revisions and/or amendments made by letter are not acceptable. Amended and/or supplemented applications shall be filed with the Construction Officer. The Environmental Commission and the Borough Engineer shall issue reports on same within 30 days of their receipt.
[6] 
If, in the opinion of the Construction Officer, the Borough Engineer, the Planning Board or the Board of Health or the Board of Adjustment, professional review of the application, including physical examination or testing of soil to be imported, is required, the Borough Engineer, Planning Board or Board of Adjustment shall forward all pertinent materials to a soil consultant for his review and for a certified soil testing laboratory report, within 30 days from the date the application is deemed complete. The report of the consultant shall be accompanied by an invoice of the service performed and shall be due 30 days from receipt of the subject materials from the Borough. The applicant shall pay the invoice through the Construction Officer prior to action upon the application.
(b) 
The Construction Officer, the Planning Board or the Board of Adjustment shall, within 30 days after receipt of all reports required by Subsection D(6)(a) above provided that the application has been deemed complete,[2] notify the applicant of the time and place the Borough approving authority or reviewing authority shall consider the application; and if a public hearing is required the applicant shall give notice of the time and place that the Borough approving authority or reviewing authority shall consider the application, reports, and recommendations in the following manner:
[Amended 2-28-2001 by Ord. No. 583; 2-26-2003 by Ord. No. 608]
[1] 
By publishing in an official newspaper of the Borough of Alpine a notice, at least 10 days prior to the date set by the Borough approving authority or reviewing authority of the date set for such consideration.
[2] 
By delivering a copy of said notice, by certified mail or by personal service, to all property owners within a two-hundred-foot radius of the boundaries of the subject premises as their names appear on the municipal tax records of the property at least 10 days prior to the hearing date.
[2]
Editor's Note: See § 35-26.1.
(c) 
The affidavits of publication and service of notice shall be filed with the Borough at or prior to the date of the hearing.
(d) 
An application which is referred to the Planning Board pursuant to N.J.S.A. 40:55D-26b shall be considered at a public hearing within 30 days after the date the application has been deemed complete. Failure to act within the thirty-day period shall be deemed their recommendation for denial.
[Amended 2-26-2003 by Ord. No. 608]
(7) 
Approvals. If additional Borough, county, state, federal or other governmental approvals for the development of the subject property are required, the soil movement permit shall not be issued until all such final approvals are obtained and proof of same is submitted to the Borough.
(8) 
Issuance of soil movement permit.
(a) 
Soil movement permits shall be issued by the Construction Officer.
(b) 
The permit shall indicate the permittee's name and telephone number, the lot, block and street number of the property, the volumes and types of soil approved for movement and the commencement and completion dates.
(c) 
The application form and the chapter requirements shall be deemed to be a part of the permit, as if attached.
(d) 
The permit shall be issued only after all of the following have been accomplished:
[1] 
The application is deemed complete.
[2] 
All conditions in any subdivision or site plan approval resolution, where applicable, have been fully satisfied.
[3] 
When appropriate, the developer's agreement has been executed by all parties, and the required performance guarantees and fees have been posted with the Borough.
[4] 
All required Borough, county, state, federal or other governmental final approvals for development of the subject premises have been secured and proof of same is submitted to the Borough.
[5] 
Planning Board or Board of Adjustment approval of the soil movement permit application has been secured, if applicable.
[6] 
All conditions in any soil movement permit application approval resolution have been fully satisfied.
[7] 
Acceptable proof of liability insurance coverage has been submitted.
[8] 
Any required performance and/or revegetation guarantees have been posted with the Borough.
E. 
Permit to be issued to owner; duration.
(1) 
No soil movement permit shall be issued except to the owner(s) or contract purchaser(s) of the premises, and then only if the importation, deposition, excavation, moving or removing of soil to, from, in or upon the premises is necessary for the immediate development and the normal grading/regrading of the premises concerning which the application is made.
(2) 
No soil movement permit shall be issued for longer than one year from the date of issuance.
(3) 
The permit shall expire on the earlier of the date of completion set forth in the application or one year from the date of issuance.
(4) 
Permit extension requests must be submitted in writing to the Construction Officer a minimum of 30 calendar days prior to the date of expiration of the permit.
(a) 
The extension request must include the reason for the request, the length of the requested extension, indicate the new completion date, specifying day, month and year, and indicate the volumes of soil remaining to be moved in each of the categories shown on the standard reporting form.
(b) 
The extension request must be accompanied by acceptable proof of liability insurance coverage.
(c) 
All requests for extensions shall be reviewed and approved or denied in accordance with the procedure set forth herein of the different types of applications.
(d) 
If a soil movement permit expires prior to the applicant requesting, in writing to the Planning Board or Administrative Officer, a formal extension of the permit, all soil movement shall cease until a new permit is obtained.
(e) 
If a formal extension request has been submitted to the Planning Board Administrative Officer prior to the expiration of a permit, soil movement activities may continue past the expiration date until such time as the Planning Board, Board of Adjustment or Borough Engineer, as appropriate, considers and reaches a decision on the extension request.
(f) 
Any requests made for extension of a soil movement permit must include a fee of $275 for the preparation of a report by the Borough Engineer and the preparation of a resolution by the approving authority attorney.

§ 185-4 Conditions and regulations governing soil movement.

A. 
Nonassignability of permit. Soil movement permits may not be assigned; however, such permits may be transferred to a successor owner of title if:
(1) 
The successor submits written documentation to the Administrative Office establishing such transfer of title;
(2) 
All requirements or conditions of the permit are continued; and
(3) 
The successor agrees in writing to assume all the obligations of the permittee.
B. 
Declaration of default; effect. In the event that, in the opinion of the Construction Officer or the Borough Engineer, or the approving authority, the project cannot be completed at the rate of progress or within the time specified in the soil movement permit or there is a willful violation of any terms of the soil movement permit or the soil management ordinance, or that soil erosion is not being satisfactorily controlled by seeding, planting or other anti-erosion measures, or that the streets are not being properly cleaned, then the Construction Officer or Borough Engineer may certify in writing to the Borough Council, and the Borough Council may, after notice to the applicant and affording a hearing on the issue, declare a default and notify all persons having an interest in or in charge of the project to discontinue the project. The Borough Council may, at its option, upon declaration of default, revoke the soil movement permit and/or call upon the surety to complete the project.
C. 
Cost of traffic safety guard. In the event that the Borough Chief of Police shall determine that the conduct of the soil movement operation requires the posting of a full-time or part-time traffic safety guard or inspector, the applicant shall pay, in addition to the fees set forth above, an additional amount to cover the Borough's expenses of hiring a traffic safety guard or inspector.
D. 
Temporary change of grade. Where soil importation, deposition excavation, moving or removing 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 preservation of existing wetlands, wetland transition areas and watercourses.
(2) 
Temporary slopes during construction which shall not exceed one foot vertical to one foot horizontal (1 foot:1 foot) for a period of more than 24 hours, unless a safety fence or railing acceptable to the Borough Engineer and having supports spaced no further than 10 feet apart shall be installed along the entire top of the slope.
(3) 
The control of stormwater runoff.
(4) 
The control of soil erosion in accordance with state standards.
E. 
Regulations governing soil movement operations. All soil movement operations, including but not limited to excavation, filling, deposition, removal, import, export, grading, transport and tree stump removal, shall be performed in accordance with the state standards and with the following municipal standards (if there is a conflict or duplication, then the state standards shall control) following regulations whether or not a permit is required or has been issued:
(1) 
No tree stumps, boulders, rocks with any dimension greater than 12 inches, and other vegetative and construction debris shall be buried or covered on the property.
(2) 
In dry weather persons conducting soil movement operation(s) shall continuously dampen the ground where such operations are conducted, as necessary to prevent dust.
(3) 
No trucks used shall be loaded above the level of the sides of the truck, to prevent spillage. Front end loaders, backhoes and similar equipment shall not be used to transport soil off the premises, on streets or roads. All streets, roads, highways, etc., within the Borough of Alpine shall be thoroughly cleaned, at the applicant's expense, each day, of any spillage, or soil on such traveled ways resulting from soil movement, project-related erosion and/or truck operations.
(a) 
"Clean" shall be defined as broom clean.
(b) 
Cleaning operations shall be completed prior to 5:00 p.m. on each day.
(c) 
Street cleaning operations shall not consist of washing, brooming or blowing soil into gutters, roadside ditches or swales, inlets or inlet filters and any such washing, brooming or blowing shall be deemed a violation of this chapter.
(4) 
All truck loads shall be fully covered (i.e., no soil visible) with tarpaulin and, if deemed necessary, treated by water to prevent flying dust.
(5) 
No trucks, equipment, or machinery shall be delivered, removed, started or operated, nor shall any part of the soil movement operation be conducted, before 8:00 a.m. or after 5:00 p.m. on weekdays or Saturdays nor at any time on Sundays, nor at any time on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day.
(a) 
Soil movement operation restrictions shall be in effect on the day on which the holiday is legally celebrated.
(b) 
This regulation shall apply to the delivery and/or removal of trucks, material, machinery or equipment to be used in soil movement operations.
(6) 
The entire area covered by the work shall be maintained and left in such a manner, on a daily basis, so as not to create or maintain a nuisance or condition hazardous to life and limb or to the health or general welfare of the inhabitants of the Borough of Alpine. All excavations left open overnight shall be fully encircled with protective fencing, properly embedded/braced to the satisfaction of the Borough Engineer. Access to all areas with slopes in excess of one vertical to one horizontal (1:1) shall be blocked with protective fencing, properly embedded/braced to the satisfaction of the Borough Engineer.
(7) 
All soil movement operations, including mandatory ground cover work proposed in the application and on the accompanying map, as well as restoration of the property to final grade and revegetation, must be completed within the time frame stipulated in the permit, or in the extended permit, where applicable.
(8) 
No soil movement shall be allowed which shall cause damage to adjacent properties or prejudicially affect the values of adjacent properties.
(9) 
The Borough Engineer, the Construction Officer, the environmental consultant and members of the governing body, the Environmental Commission, the Planning Board and the Board of Adjustment or any of their agents or experts shall be permitted to inspect the general conduct of the soil movement operations to assure the same are being conducted in full accordance with each and every provision of this chapter and the soil movement permit application approval resolution.
(10) 
Excavation shall not be below applied-for grade levels and fill shall not exceed applied-for grade levels by more than one foot, unless approved by the approving authority.
(11) 
Examination of material.
(a) 
If, prior to or during the course of soil movement operations, the Borough Council or the Borough Board of Health determines that a physical or chemical examination of imported material is required for protection of public health and safety, the Borough Council may retain a soil consultant to examine the fill material at the sole expense of the permit holder.
(b) 
If the results of such examination indicate the presence of material which is harmful, dangerous, toxic or hazardous to the public, all soil movement activity shall cease and the soil in question shall be removed in accordance with the directions of the Borough Engineer, at the sole expense of the owner(s).
(12) 
All soil erosion and sediment control measures shall be installed at the locations and in accordance with the details shown on the approved plans as required by the state standards and/or the Bergen County Soil Conservation District, prior to the start of soil movement operations on the project.
(13) 
Access to and egress from the site for soil movement operation, delivery and/or construction purposes shall be by way of the stabilized construction entrance(s) shown on the approved plans only.
(14) 
No soil shall be deposited, piled, or stockpiled on paved portions of municipal, county, state or private streets, roads, highways, etc., within the Borough of Alpine, unless in connection with sanitary sewer, drainage or utility (i.e., gas, water, electric, cable TV and/or telephone) installations and/or repairs therein.
(a) 
When soil so deposited on paved street surfaces is to remain for more than four hours, a stone filter consisting of three-fourths-inch-diameter clean stone, one foot wide and six inches high, shall be placed around the entire limits of soil.
(b) 
Except in emergency repair situations, no soil shall remain piled or stockpiled on paved portions of streets overnight.
(c) 
Stone used to construct ramps from pavement to top of curb must be clean and not contain any dust or fines.
(15) 
Truck-driven earth-moving equipment shall not be unloaded onto or driven upon any municipal, county, state or private street on which a bituminous intermediate course or a bituminous surface course has been placed.
(a) 
The use of timber mats is required when such equipment is driven over the subject courses.
(b) 
If such truck-driven equipment traverses bituminous pavement, and leaves track marks thereon, the Borough Engineer shall require the applicant to remove and replace the area of pavement so damaged, or, in his discretion, to deposit funds equal in value to the estimated cost of such replacement with the Borough to cover future pavement repairs.
(16) 
Once the bituminous intermediate course on roadways, and/or bituminous intermediate or base course on parking areas or drives, is placed, stone inlet filters and/or filter fabric inlet filters shall be installed around/on all inlets, and maintained in place, until the site is stabilized and the Borough Engineer approves their removal, in writing.
(17) 
A flagman or flagmen shall be provided by the applicant if deemed necessary by the Chief of Police or the Borough Engineer. Soil movement operations on streets within the Borough shall cease unless and until such personnel is/are provided.
(18) 
Soil movement equipment and other construction vehicles shall be stored on the site. No soil movement or other construction equipment shall be parked or stored on any road, street, avenue, highway, right-of-way or easement within the Borough during the day or night.
(19) 
In the event that the applicant fails to adhere to any of the above regulations within 24 hours from the time of notice to a representative of the developer, either on the site or in the developer's office, the Construction Officer or the Borough Engineer shall have the authority to suspend all work on the project until corrective actions are completed to the Engineer's satisfaction.
(a) 
In this case, soil movement activities may not recommence until a written reinstatement is issued by the Construction Officer.
(b) 
If the permit is not reinstated by the Construction Officer, the permittee shall be entitled to a review of this suspension within 14 calendar days of the date that the regulation(s) is/are purported to have been satisfied by the Borough Council. In this case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied.
(c) 
Should the developer fail to cooperate in adhering to a specific regulation a second time, the Construction Officer's suspension of work shall automatically be effective until such time as the Borough Council considers the matter, passes a resolution of reinstatement, and any and all conditions of said resolution are fully satisfied.
F. 
Preservation of trees and natural topography. In order to prevent erosion and the destruction of the aesthetic characteristics of the Borough of Alpine, any owner or excavator moving soil shall leave as many trees and as much undisturbed natural grade or topography as practicable in all areas except where excavations are made for buildings, driveways and streets. Soil shall not be placed within five feet of the base(s) of trees, either on a temporary or on a permanent basis. Where and when directed by the Borough Engineer, tree wells equivalent in diameter to the diameter of the canopy of the trees shall be constructed to preserve existing trees. No permanent fill shall be placed within the existing tree canopy. No excavation or filling shall create a flatter contour if such excavation or filling would destroy existing trees shown on the application map. The proposed revegetation and restoration in the disturbed area(s) shall also be shown as part of the application.
G. 
Guaranties.
(1) 
No soil movement permit shall be issued unless and until the applicant or owner of the property shall have posted with the Borough of Alpine a cash guaranty, or a performance guaranty or performance bond, in form and with surety acceptable to the Borough of Alpine, in such amount as the Borough Engineer shall determine, conditioned upon full and faithful performance by the owner, within the time specified in the permit, of all the proposed work in accordance with the provisions of this chapter and the terms and conditions of the soil movement permit issued pursuant thereto. Separate guaranties as required by this chapter shall not be waivable by any approving authority. In addition, the release of the guaranty or bond shall be conditioned upon the repair, at the expense of the owner, of any Borough street damaged by the transportation of soil material or equipment used in connection with the operation if, in the judgment of the Borough Engineer, such repairs are deemed to be necessary. The term "expense" as used in this section includes the cost of supervision or activities incurred by the Borough Engineer, the Borough Attorney and or other Borough personnel in connection with such repairs. The cash guaranty, performance guaranty or bond shall not be released until all soil deposited in storm drains or drainage facilities as a result of the soil movement operation is removed to the satisfaction of the Borough Engineer.
(2) 
Revegetation guaranty.
(a) 
Each applicant shall post with the Borough a separate amount, in the form of cash or a bond, to guarantee the proper revegetation and stabilization of all disturbed land areas.
(b) 
This revegetation guaranty shall be calculated at the current cost for complete stabilization (including seed, fertilizer, mulch and fixative) for the entire site plus the estimated cost for site and soil preparation, grading, and shaping.
(3) 
As-built plan.
(a) 
Upon the completion of all work for which a soil movement permit has been issued, the owner shall submit an as-built plan prepared by a licensed land surveyor of all disturbed areas, and a written request to the Construction Officer for the release of the performance and/or revegetation guaranties.
(b) 
The Borough Engineer shall review the as-built plan and determine if the work has been performed in accordance with the provisions of this chapter and issue his findings and recommendations to the Construction Officer. Upon receipt of the Borough Engineer's certification that the work has been completed in a good and workmanlike manner, the Construction Officer shall consider the release of the performance and/or revegetation guaranties.
(4) 
Notwithstanding the provisions of this Subsection G, no separate performance and/or revegetation guaranty shall be required if performance and/or revegetation is already secured by other posted guaranties.
H. 
Contents of permit; execution of agreement. The soil movement permit shall set forth all of the conditions under which the same was granted and the time within which said soil movement shall be completed. If the permit is authorized by the Planning Board or Board of Adjustment in conjunction with an application for development, the applicant shall execute a developer's agreement containing the terms and conditions of the permit. The soil movement permit shall not be issued until the developer's agreement is signed by all parties and until the performance and/or revegetation guaranties are posted.
I. 
Enforcement; inspections.
(1) 
This chapter shall be enforced by the Borough Engineer, the Construction Officer, the Borough Council or its designee, or members of the Borough Police Department.
(2) 
On-site inspection of soil movement shall be restricted to the Borough Council or any of its membership, the Environmental Commission or its consultant, the Borough Engineer or his/her representatives, the Construction Officer, Planning Board members, Board of Adjustment members, the Borough Council's designee, or members of the Borough Police Department.
(3) 
The Bergen County Soil Conservation District is the enforcement authority for all soil erosion and sediment control activities under its jurisdiction. The Borough Engineer shall be the enforcement agent for all soil erosion and sediment control measures not under Bergen County Soil Conservation District jurisdiction and for all soil movement measures not within the scope of the state standards.
J. 
Exemptions from soil movement permit requirements.
(1) 
The requirements of § 185-3A, C, D(1)(d)[3], D(2) and D(4) of this chapter shall not apply to the following exempt operations, unless as excepted below:
[Amended 9-28-2016 by Ord. No. 763]
(a) 
Excavations for building foundations or swimming pools for detached single-family homes for which a building permit has been issued by the Construction Official, except that the fee provisions of § 185-3D(4) will apply as for nonexempt applications;
(b) 
Excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Borough Department of Health, except that the fee provisions of § 185-3D(4) will apply as for nonexempt applications;
(c) 
Excavations for the installation of underground gas, water, electric, cable TV and telephone lines by licensed utility companies, provided all other required permits have been issued;
(d) 
Soil borings, test pit excavations or hazardous waste cleanup operations, provided all other required permits have been issued;
(e) 
Soil movement for lawn, garden or landscaping purposes on lots with existing dwellings subject to the requirements of Subsection J(5) below.
(2) 
The exception for foundation and swimming pool excavations shall be limited to excavations in which the material is totally removed from the site or in which the excavated material is spread or graded within 12 feet of the foundation pool walls.
(3) 
The exceptions for foundations, swimming pools, septic tanks and sanitary disposal systems will be allowed for only one foundation, swimming pool, septic tank or sanitary disposal system per lot.
(4) 
Abandoned wells, septic systems, cisterns or swimming pools may be filled in without permit, provided that the owner or his agent files a soil movement permit application with the Construction Officer and the Board of Health with sufficient information to review the proposal and provided that all Building Department and Board of Health approvals are obtained prior to commencement of the work.
(5) 
A maximum of 200 cubic yards of soil on lots two acres or larger, and a maximum of 100 cubic yards of soil in lots less than two acres in area, may be excavated, moved, removed or placed upon a single lot as an excepted lawn, garden or landscape excepted operation, provided that the owner of the lot completes and files a soil movement permit application form with the Construction Officer prior to commencement of the work to be performed. This exception shall be available only once for each lot during any twelve-month period. All soil movements during a twelve-month period shall be aggregated to determine the amount of fill moved.
(6) 
The movement of soil as an excepted operation shall not result in any increase in the amount or rate or a change in the direction of stormwater runoff of the lot and shall not restrict or prevent the current flow of stormwater from adjacent lots across the subject lot.
(7) 
In order to qualify for an exemption under this Subsection J, the applicant must file in advance with the Construction Officer a fully completed soil movement permit application.
(8) 
For good cause, the reviewing/approving authority may require full compliance by an excepted application with all ordinance regulations for soil movement.

§ 185-5 Suspension, revocation, restoration and expiration of permit; right of appeal.

A. 
Temporary suspension of permit.
(1) 
The Borough may revoke any permit granted under this chapter if the operation causes any nuisance which can be shown to have been caused by the actions or inactions of the applicant or its agents, servants or employees and which is prejudicial to the public health, welfare and/or safety. A nuisance may be declared to exist only after a hearing before the Borough Council.
(2) 
If, in the opinion of the Construction Officer or the Borough Engineer, the work is being conducted in a manner which immediately affects the public health, safety or welfare, the Construction Officer may immediately suspend the permit. If the unacceptable condition is corrected/eliminated, the Construction Officer may reinstate the permit. Soil movement activities may not recommence until a written reinstatement is issued by the Construction Officer. If the permit is not reinstated by the Construction Officer within 72 hours of the time the unacceptable condition is purported to have been corrected, the permittee shall be entitled to a review of the suspension at the next regular Council meeting by the Borough Council. In this case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied.
(3) 
When, in the judgment of the Chief of Police or his designee, soil movement operations cause a serious and continued impediment to the passage of public traffic or endanger the public health, safety or welfare, the Chief of Police or his designee is authorized to temporarily halt such operation until the danger to the public's health, safety and welfare is abated. The judgment of the Chief of Police or his designee, exercised in good faith, shall be conclusive. In such cases soil movement activities shall not commence until the Chief of Police reinstates the permit in writing.
(4) 
All complaints regarding soil movement from anyone shall be submitted orally or in writing to the Borough Clerk, her designee or the Police Department.
B. 
Nonrefund of fees or charges on account of revocation or suspension.
(1) 
This subsection is hereby made a part of each and every permit hereafter issued by the Borough and acceptance of such permit shall constitute complete acceptance by the principal and surety on any guaranties.
(2) 
No fee or other charge (or portions thereof) shall be refunded following revocation or suspension of any permit.
C. 
Appeal to Borough Council for suspension or revocation. Any person aggrieved by the action of the Construction Officer and/or his representative(s), the Borough Engineer, the Chief of Police or his duly authorized designee, the Environmental Commission, an individual member of the Borough Council or the Borough Council's authorized designee, with reference to suspension or revocation of a permit as provided in this chapter, shall have the right to appeal to the Borough Council within 14 days after notice of the action complained of. Appeals shall be filed in writing with the Borough Clerk. Upon receipt of an appeal, the Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Borough Council on such appeal shall be final and conclusive.
D. 
Expiration of permit.
(1) 
All permits issued under the provision of this chapter shall expire on the completion date specified on the permit issued.
(2) 
As noted above, if work does not commence within 60 days of the date of issuance of the permit, the permit shall be deemed automatically revoked.

§ 185-6 Waiver of provisions; imposition of further conditions.

The approving authority, as appropriate, shall at all times have the right, by resolution, to waive any one or more of the provisions contained in this chapter when it is satisfied that the waiving of such provision shall not adversely affect the Borough or substantially impair the intent and purpose of this chapter, unless this chapter specifically provides that there shall be no waiver of a particular section or subsection.

§ 185-7 Violations and penalties.

A. 
Any person who shall violate this chapter shall, upon conviction thereof, pay the highest possible fine not exceeding $1,000 or be imprisoned in the county jail for a term not exceeding 90 days, or both. Each day that a violation exists shall constitute a separate offense.
B. 
In addition to the above penalty, the Municipal Court shall order restitution to be made by the person who has violated this chapter; the restitution shall consist of restoration of the property to the condition it was in prior to the violation in a manner which is as practical as possible. The restitution shall be the cost and expense of the person or persons who have violated this chapter and the plan for restitution shall be approved by the Borough Engineer prior to the actual restitution of the property being done. The restitution shall consist of, but not be limited to, regrading, the placement of topsoil, seeding and other revegetation, all of which must be approved by the Borough Engineer prior to any work being done. No soil movement permit shall be needed for this restitution of the property that is the restoration to its prior condition provided the plan has been approved in writing by the Borough Engineer.
C. 
The Borough Council and/or Borough Planning Board and/or Board of Adjustment, in its discretion, may order any person who shall violate this chapter to restore the property, as nearly as is reasonably possible, to its condition immediately prior to the violation at that person's sole cost and expense. The applicant shall present a plan of restoration and/or revegetation for approval by the Borough Council or Planning Board or Board of Adjustment within a time frame established by that board. Failure to present an acceptable plan of restoration and/or revegetation within the time period established by the Borough Council and/or Planning Board and/or Board of Adjustment shall constitute a violation of this chapter.

§ 185-8 Final authority of Borough Council.

The Borough Council shall at all times be the final and ultimate power with respect to the issuance of permits as provided by this chapter and the suspension, revocation or conditioning of all soil movements.