The Borough Council finds and determines that the unregulated and controlled
relocation, filling, excavation, removal or deposit of soil on a large scale
has resulted and will result in conditions detrimental to the public safety,
health and general welfare and substantially interferes with the efforts of
the Borough of Fort Lee to promote and effectuate the general purpose of municipal
planning. Moreover, regulations concerning the relocation, filling, excavation,
removal and deposit of soil is necessary to safeguard the above interests,
protect against the spread of contaminated soils and provide for the orderly
and best use of the soil and vegetative cover of the land, a valuable natural
resource.
The following words and phrases when used in this chapter shall have
the meanings given unless inconsistent with the manifest intent of the chapter:
CONTAMINATED SOIL
Soil containing any hazardous material, waste or radioactive substance.
DISTURBANCE
The excavation, removal, importation, deposit, placing, filling,
grading, regrading, leveling, relocating, piling, or storage of soil or the
altering or changing of the location or contour of soil; provided, however,
that the term "disturbance" shall not be construed to include plowing, spading,
cultivating, harrowing, disking, raking or filling of soil ordinarily associated
with agricultural purposes or landscape maintenance.
FILL
Includes the following: dirt, rock, shale, stone and riprap, soil
and any other material of the soil that shall come from the earth.
HAZARDOUS MATERIALS
Any material, waste or combination of wastes which pose a present
or potential threat to human health, living organisms or the environment,
including but not limited to waste material that is toxic, carcinogenic, corrosive,
irritating, sensitizing, biologically infectious, explosive or flammable,
and waste so designated by the United States Environmental Protection Agency
or the New Jersey Department of Environmental Protection.
RADIOACTIVE SUBSTANCE
Any substance which emits particle radiation, including alphas, betas,
high-energy electrons, neutrons, protons or other atomic or nuclear particles
in such manner as to be or tend to be injurious or dangerous to the health
of persons, wildlife or the ecology.
SOIL
Any earth, sand, clay, loam, gravel, humus, fill, rock or dirt, without
regard to the presence or absence therein of organic manner or any debris,
whether organic or construction debris, including but not limited to asphalt
and concrete.
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.
Except as otherwise exempted under this chapter, no person shall disturb
any soil upon, nor transfer soil from or to any property or right-of-way within
the Borough of Fort Lee without first obtaining a permit from the Borough
of Fort Lee as hereinafter provided.
The procedure for applying for and issuing a soil disturbance permit
shall be as follows:
A. Form of application. The applicant shall submit to the
Director of Public Works' office, in triplicate, an application in the form
prescribed and supplied by the Borough Council, which application shall include
the following information:
(1) The identity and address of the owner of the land and/or
applicant.
(2) The description of the lands in question, including the
street addresses, lot and block numbers of the land as shown on the current
Tax Map of the Borough.
(3) The purpose or reason for moving the soil.
(4) The type and quantity in cubic yards of soil to be removed.
(5) The location to which the soil is to be moved.
(6) If soil is to be imported into the Borough the source
of the soil.
(7) The proposed dates for commencement and completion of
the work.
(8) A description of the equipment to be used in the excavation
and moving of the soil, number and size of trucks and other vehicles to be
used.
(9) Name and address of the person having express charge,
supervision and control of the proposed excavation work.
(10) A listing of the route to be used by the vehicles in
delivering and removing equipment and materials to and from the site, in importing
and/or exporting soil, and in accessing or leaving the site, before export
and after import operations, respectively, including all streets, roads, highways,
etc., within the Borough of Fort Lee to be used in conjunction with soil movement
operations and the direction of travel on each street.
(11) A written statement of plans to control soil erosion
with approval form.
(12) Such other pertinent data as may be required by the Borough
Engineer, Director of Public Works or Chief of Police.
(13) Proof of liability insurance in such an amount and form
as the Borough Engineer and/or Director of Public Works may require.
(14) A statement granting permission to Borough officials
or their employees to enter the premises and make surveys and inspections
as the work progresses.
B. Additional submissions required. In addition to the completed
application form, the applicant shall submit a topographical map in duplicate,
prepared and certified by a licensed civil engineer and land surveyor showing
the following:
(1) The present grades on a one-hundred-foot grid layout.
(2) The proposed grades of the points when the work has been
completed.
(3) The quantity of fill involved in the work.
(4) The grades of all abutting streets and lots.
(5) Proposed slopes and lateral supports.
(6) Present and proposed surface water drainage.
(7) Such other pertinent data as the Mayor and Borough Council
may hereafter by resolution require.
The fee for a soil movement permit shall be $100 for any soil movement
greater than 20 cubic yards but less than 50 cubic yards. In addition, for
every 50 cubic-yard interval above the first 50 yards, there shall be an additional
ten-dollar fee, plus a sixty-dollar review fee for each such additional 50
cubic yard interval.
Soil disturbance shall be performed in accordance with the following
regulations:
A. If permission to deposit or remove the soil is granted,
the owner or person in charge of the deposit or removal of the soil shall
so conduct the operations in such a manner that there shall be no sharp declivities,
pits or depressions, and in such a manner that the area shall be properly
leveled off, cleared of debris and graded to conform with the approved contour
lines and grades.
B. The owner or person in charge of the deposit or removal
of soil shall so conduct the operations to minimize, to the extent practicable,
water runoff, the creation of dust or other airborne contamination.
C. No excavation, removal, deposit, piling or relocation of soil or the loading or unloading of soil from vehicles for which a permit is required shall be conducted other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and/or in accordance with Chapter
284, Noise.
D. Except in the case of the removal of contaminated soil,
if permission to remove the soil is granted, the owner of the premises or
the person in charge of the removal of soil shall not take away the top layer
of arabic soil, to a depth of six inches. Such top layer of arabic soil, to
a depth of six inches, shall be set aside for retention on the premises and
shall be respread over the premises when the rest of the soil has been removed,
pursuant to the levels and contour lines approved by the Borough Engineer.
If topsoil cannot be stored on site, the Borough Engineer or Director of Public
Works shall designate a site within the Borough to stockpile or place said
topsoil or give permission to the contractor to remove it.
E. With respect to the removal of contaminated soil within
the Borough of Fort Lee, the top six inches of soil may be removed, provided
the grade is restored with a minimum of six inches of suitable topsoil. All
movement of contaminated soil or hazardous materials within the Borough of
Fort Lee shall be in accordance with federal or state permits, if applicable,
and shall be conducted in compliance with all applicable federal or state
regulations.
F. All requirements of soil erosion sediment control shall
be complied with, including but not limited to soil tracking, dust control,
tire wash, stone entrance pads, stockpile stabilization and sweeping of the
streets.
G. All necessary safety measures required by the Construction
Code Official, Borough Engineer and/or Director of Public Works to ensure
safety to the public shall be complied with.
The provisions of this chapter respecting the issuance of a permit shall
not apply to the following operations:
A. The movement of 20 cubic yards or less of soil within
a twelve-month period within any premises used for residential purposes.
B. The disturbance of soil for the installation of underground
utility lines provided that all other necessary permits have been issued.
[Amended 5-23-2002 by Ord.
No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
Any person violating any provision of this chapter shall, upon conviction
thereof, be punished by a fine of not less than $100 nor more than $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.