[Amended 4-12-2005 by Ord. No. 3-2005]
As used in this article, the following terms shall have the meanings indicated:
DISTURB
To dig, move, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of the land or transport or supply soil.
OCCUPANT
A person having actual possession of any premises or any part thereof.
MAJOR SOIL DISTURBANCE PERMIT
A permit to disturb 500 cubic yards or more of soil.
MINOR SOIL DISTURBANCE PERMIT
A permit to disturb less than 500 cubic yards of soil.
OWNER
A person or entity who or which, alone or jointly with others, has legal or equitable title to premises with or without accompanying actual possession, including an executor, administrator, trustee or guardian of an estate or a mortgagee in possession.
PERSON
Includes corporation, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
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.
No person, as defined herein, shall disturb or cause to be disturbed soil or otherwise engage in such action which would result or may result in the alteration of the topography or contour of any land within the Town of Dover without having secured a permit therefor pursuant to the provisions of this article, unless specifically excepted by the provisions of this article. Major soil disturbance permits shall be reviewed for approval by the Planning Board and shall require a public hearing with notice to all property owners within 200 feet of the property for which the permit is being sought.
No permit shall be required under the following conditions:
A. 
This article shall not apply to the disturbance of soil on the premises during ordinary spading, cultivating or operation ordinarily associated with the tilling of the soil for agricultural or horticultural purposes.
B. 
This article does not apply to the disturbance of 500 square feet of soil or less, provided that the total volume of soil disturbed does not exceed 50 cubic yards, and provided that said disturbance does not create or cause one of the conditions as set forth in "Consideration of application," Subsection A(1) through (10) below, and further provided that said soil disturbance does not alter the original grade by more than six inches at any point.
C. 
This article shall not apply to a soil disturbance incidental to work approved by a site plan or subdivision granted by the Planning Board or the Board of Adjustment of the Town of Dover.
D. 
This article shall not apply to the disturbance, removal or regrading of soil on the premises incidental to construction which is part of any construction permit issued by the Construction Official of the Town of Dover, provided that the grade is not altered in a fashion that will change the direction or velocity of stormwater runoff.
E. 
This article shall not apply to the temporary disturbance of the natural ground surface during the course of excavation arising from the installation of underground conduits within the premises, provided the ground surface is returned to its original grade after backfilling.
A. 
Applications shall be made to the Town Engineer on forms provided by that office and shall consist of the following:
(1) 
The name and address of the applicant and owner.
(2) 
The Tax Block and Lot numbers of the property in question along with the street address.
(3) 
The purpose or reason for disturbing soil.
(4) 
The kind (topsoil, rock, sand, etc.) and quantity of soil to be removed from the site or brought to the site.
(5) 
If soil is to be removed from the site. the location where it is being moved to.
(6) 
The anticipated start and finish date of the disturbance operation.
(7) 
The name, address and telephone number of the person having direct charge over the soil disturbance.
(8) 
A map of the premises, prepared by a professional engineer licensed in the State of New Jersey, showing the existing contour lines prior to disturbance and the proposed contour lines resulting from the intended excavation, filling or redistribution of soil. The map shall delineate steep slope areas as defined in § 236-21.2A and shall be determined in accordance with the methodology outlined in § 236-21.2B(1). The maps required by this subsection shall not be required to be prepared by a professional engineer licensed to practice in the State of New Jersey if the disturbed area involves less than 1,000 square feet of disturbance and a grade change of less than one foot at any point and provided the proposed area to be disturbed does not contain any steep slope areas as defined in § 236-21.2.
(9) 
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises, which information shall be included on the map required by Subsection A(8) above.
(10) 
Cross sections and typical sections of the existing and proposed grades drawn at an appropriate scale showing existing and proposed grades at intervals sufficient to calculate the volume of soils to be cut or filled.
(11) 
Details of soil erosion and sediment control devices and procedures to be utilized on the site during the soil disturbance activities.
(12) 
Stormwater management control measures including pre- and post-disturbance drainage paths clearly indicating that the directions and quantity of stormwater runoff will not be altered to negatively impact adjacent properties both during and after the work.
(13) 
The name, address and emergency contact telephone number of the person or persons who will be doing the actual disturbance if different from the owner.
(14) 
The quantity of soil to be removed along with supporting calculations.
(15) 
The location of all soil fill sources.
(16) 
Full construction details of all required retaining walls.
(17) 
A note indicating the maximum proposed slope of all regraded areas.
(18) 
Details of proposed stabilization and vegetation of disturbed areas.
(19) 
Such other pertinent data as the Town Engineer may deem necessary.
(20) 
The Town Engineer may waive any of the above application requirements if in his opinion said requirement is not necessary in order to perform a proper review of the application.
B. 
If the applicant is other than the owner of the property, then the applicant shall submit permission, in writing, from the owner authorizing the applicant to make the application.
A. 
Any application involving over 5,000 square feet of land disturbance shall be sent to the Morris County Soil Conservation District for its review. The Town Engineer shall study the permit application and shall be guided by and take into consideration the public health, safety and general welfare. Particular consideration shall be given to the following:
(1) 
Erosion by wind or water.
(2) 
Stormwater runoff impacts.
(3) 
Soil fertility impacts.
(4) 
Dust impacts.
(5) 
The deposit of soil on streets.
(6) 
The deposit of silt in bodies of water within the Town of Dover or adjacent to the Town.
(7) 
The filling of wetlands or flood hazard areas as defined by the State of New Jersey and the regulations promulgated thereto by the New Jersey Department of Environmental Protection.
(8) 
The relocation or realignment of any watercourse.
(9) 
The structural capability and stability of all existing and proposed retaining walls.
(10) 
The ability of the proposed stabilization to prevent future soil erosion.
B. 
The Town Engineer, upon receipt of all required fees and after determining that all the requirements pursuant to this article have been met, shall then issue a soil disturbance permit for minor soil disturbance permit applications. Notice of the granting or denial of the permit application shall be given to the applicant within 20 calendar days after a complete application is filed.
C. 
If the Town Engineer determines that, upon receipt of all required fees and after determining that all the requirements pursuant to this article have been met, that the application requires a major soil disturbance permit, then he shall forward his findings along with a report to the Clerk of the Town of Dover Planning Board, who shall schedule a public hearing before the Planning Board. The Town of Dover Planning Board shall:
(1) 
Grant or deny the application for a major soil disturbance permit within 45 days after receipt of a complete application.
(2) 
Schedule a public hearing and provide the applicant with a list of property owners within 200 feet of the property in question and a public notice, and the applicant shall serve said notice to all property owners within 200 feet of the property in question at least 10 days prior to the hearing. The Town of Dover Planning Board shall also cause the notice to be published in the official newspaper of the Town of Dover.
Fees shall be in accordance with Article IX, Fees and Escrows, of Chapter 236, Land Use and Development, of the Code of the Town of Dover.
A. 
The applicant and/or owner of the property shall be required to post a performance bond with the Town in such amount as will be deemed reasonable by the Town Engineer to ensure the completion of the work authorized by the permit in conformance with the terms of the permit and the provisions of this article on or before the date of completion set forth in the application, and further 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. The bond shall be in cash or by a letter of credit issued by a commercial bank of the State of New Jersey approved by the Town Attorney. The municipality shall have the right to use the amount of the bond in order to correct any deficiencies in the work that is performed pursuant to the permit or to ameliorate any conditions which adversely affect the public health, safety and welfare of the inhabitants of the Town of Dover. The bond or the balance thereof shall be returned to the applicant and/or owner upon completion of the work in accordance with the permit and approval by the Town Engineer.
B. 
If, in the opinion of the Town Engineer, the proposed work is nominal and there would be no significant change in the terrain, with no possible effect on an adjacent property, then the Engineer may waive the bond requirement.
A. 
The Town Engineer shall have the right to enter upon the premises and inspect the premises for which a soil disturbance permit has been granted to determine compliance with the permit requirements and the requirements of this article.
B. 
In addition to the application fee required by Article IX, an inspection fee shall be paid at the time of the issuance of the soil disturbance permit in the amount of $100 for a minor soil disturbance permit or $250 for a major soil disturbance permit.
A. 
Soil disturbance conducted under a permit issued under this article shall be in accordance with the following regulations:
(1) 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
(2) 
Land shall be graded so as to conform to the contour lines and grades approved and shall be cleared of debris.
(3) 
Adequate measures shall be taken to prevent erosion or the depositing of soil or surface runoff upon surrounding lands.
(4) 
No critical slope area, as defined by § 236-21.2.A(1), shall be disturbed.
(5) 
Nothing herein shall be construed to exempt any person from applying to any county agencies, including the Soil Conservation District of Morris County, or any other state or other governmental agencies having jurisdiction over the soil disturbance, and whenever the provisions of this article conflict with the requirements of the Morris County Soil Conservation District or other state or federal agency, the provisions of the Morris County Soil Conservation District or of the state or federal agencies shall prevail.
Any owner of property upon which a soil disturbance has occurred or for which no permit was issued pursuant to the provisions of this article shall have responsibilities described in this article and shall be subject to a violation of this article.