[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro 6-21-1983 by Ord. No. 83-9 (Ch. 149 of the 1982 Code). Amendments noted where applicable.]
This chapter may be known and may be cited as the "Gibbsboro Soil Removal Ordinance."
For the purpose of this chapter, unless a different meaning clearly appears from the context, the following words shall be defined to include and to mean the following:
- The Borough of Gibbsboro, Camden County, State of New Jersey.
- The Borough Council of the Borough of Gibbsboro.
- Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough of Gibbsboro or in the office of the Camden County Register of Deeds.
- A soil removal permit used under the terms hereof.
- An individual, partnership, corporation or any other entity.
- One or more lots or contiguous parcels of land in single ownership, which ownership can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough of Gibbsboro or in the office of the Camden County Register of Deeds.
- Both surface soil (topsoil) and subsoil, and shall include dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
No person shall excavate for the removal of soil or otherwise remove soil, for sale or for use other than on the premises from which the soil shall be taken, without first having obtained a permit therefor approved by the Council, which permit shall be conspicuously posted and displayed on the entrance to the premises.
No owner of any premises in the Borough of Gibbsboro shall cause, allow, permit or suffer any excavation for or the removal of soil upon such premises, for sale or for use other than on the premises from which the soil shall be taken, without either said owner or the person excavating or otherwise removing the soil first having obtained a permit therefor approved by the Council, which permit said owner shall cause to be conspicuously posted and displayed on the entrance to the premises.
No owner or person shall post or display, or cause to be posted or displayed, a permit for excavation for or the removal of soil upon any premises in the township without said permit first having been properly approved, issued and obtained in accordance and in compliance with the provisions of this chapter.
No permit shall be required if such soil removal is incidental to the erection of a building and the total sum of all soil to be removed does not exceed 1,500 cubic yards.
Before the issuance of a permit, the applicant shall make application therefor on a form provided by the office of the Borough Clerk and shall furnish in said application and accompanying documents the following:
The name and address of the applicant; if the applicant is a partnership, the partnership name and business address, together with the names of all partners and their residential addresses; and if the applicant is a corporation, the name of the corporation, the date and state of incorporation, the names and addresses of all officers and the positions held in such corporation, together with the names and addresses of all directors of such corporation, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the name and address of the legal representative of the corporation, if any.
The name and address of the owner or owners of the premises involved; if the owner or owners are a partnership, then the partnership name and business address and the names of the partners, together with their residential addresses; and if the owner is a corporation, the name of the corporation, its place of business, the date and state of incorporation, the names and addresses of all officers and the positions held in the corporation, the names and addresses of all directors, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the name and address of the legal representative of the corporation, if any.
A detailed description of the premises and its location, together with the Borough of Gibbsboro Tax Map plate, block and lot number or numbers where the excavation or soil removal is to be conducted.
A map of the premises for which the permit is sought, showing the existing topographical contour lines of the land involved and abutting lands and roads within 200 feet; the proposed topographical contour grades which will result from the intended soil removal; all roads and buildings, streams and bodies of water within 200 feet of the premises; the names and addresses of adjoining landowners within 200 feet; existing water drainage conditions; all wooded areas; the limit of the area or areas on the premises within which the soil operations or removal is to be conducted and, unless specifically waived by the Council, the dimensions of the premises or lot; the existing elevations of lands, buildings, structures, streets, streams, bodies of water and watercourses on the premises or lot and within 200 feet of said premises or lot and the proposed final elevations at each point where existing elevations are shown on the map which are to be changed as a result of completion of the proposed work; the proposed slopes and lateral supports at the limits of the area, upon completion of the excavations and soil removal operations; the proposed provisions and facilities for water drainage; and an accurate cross section or sections showing the location or locations in quantities, in cubic yards, of soil to be removed; and unless specifically waived by the Council, the map shall be prepared by a licensed engineer of the State of New Jersey.
If the owner is not the applicant, written consent of the owner to the application and proposed excavation and soil removal shall be submitted with the application, as well as a statement of the relationship between the owner and the applicant.
Plans showing the place or places where the entrances or exits to the excavation or area of soil removal operation, fences or buildings are to be located.
A statement of the type of equipment and apparatus to be used in the excavation and soil removal operations.
A statement of the hours during which the excavation and soil removal operations are intended to be conducted.
Proof of liability insurance coverage in amounts of not less than $100,000 for each person injured, $300,000 total for each accident causing personal injury and $50,000 for property damage for each accident. This requirement may be waived or otherwise reduced by the Council upon request.
A description of any processing of the soil which will be done or conducted on the premises, including a description of equipment and plans of such processing equipment and facilities.
The number of total cubic yards of soil to be removed pursuant to the permit.
An estimated period of time for which the excavation or soil removal operations will be conducted and the removal completed.
Routes to and from the premises and proposed site of the excavation and soil removal operations which will be used for the transportation of the soil to be removed.
A statement of the place or places to which the soil is to be removed pursuant to the permit.
Each application for soil removal shall be accompanied by the deposit of a fee in the amount of $25, plus $2 for each 100 cubic yards or parts thereof in excess of the first 1,000 cubic yards of soil to be removed, but not to exceed the sum of $5,000. Said fee shall cover the costs of investigating and examining the application and information therein, legal services and engineering services, review by the Borough Planning Consultant and environmental consultants, notices, hearings and other processing costs.
In the event that the application is denied, the fee deposited shall be returned to the applicant after deducting actual costs of investigation, legal and engineering services, review by the Borough Planning Consultant and environmental consultants, costs of notices, hearings and other processing costs incurred by the Borough.
Six copies of the application and accompanying documents shall be filed with the Borough Clerk, and the fee shall be paid to the Borough Clerk, who shall issue a receipt therefor and shall indicate the amount of the fee deposited on each copy of the application in a space provided for such purpose on the application form. The Borough Clerk shall file the original application form, with the time and date of filing marked thereon, and shall promptly refer and forward one copy each of the application to the Borough Engineer, the Camden County Soil Conservation District and the Borough Environmental Committee, for their investigation, report and recommendation; and, in addition, from the Camden County Soil Conservation District, a certified true copy of the certification plan for soil erosion and sediment control pursuant to N.J.S.A. 4:24-43, which certification plan shall be a condition precedent to this application.
The Borough Engineer shall make a report concerning the application to the Council, indicating, among other pertinent information, whether the proposed operation will result in any sharp declivities, pits or depressions, soil erosion, flooding, fertility problems, drainage or sewerage problems or other dangerous conditions regarding the permit to be issued, as well as areas shown on the map, if any, where excavation should not be permitted because of adverse effects on abutting property or roads; changes, if any, in permitted contours and slopes to be accomplished by the proposed removal; the area from which topsoil may be stripped before replacement thereof to permit soil removal, with consideration being given to the number of yards to be removed and the duration of the requested permit; capacity of the public roads used for ingress and egress to withstand damage from the proposed operation; and other recommended considerations and conditions to protect the public welfare or adjoining properties, roads and streams.
Within 10 days of the receipt of the above-required reports and recommendations, the Borough Clerk shall notify the applicant of the time, place and date of a public hearing to be conducted by the Council upon the application, which public hearing shall be held not less than 15 days nor more than 60 days from the date of the issuance of notice to the applicant by the Borough Clerk.
In the event of such hearing, the applicant shall be required to serve notice of the application and the time, place and date of the hearing to all property owners, as indicated on the Tax Map of the Borough of Gibbsboro, who are within 200 feet of the outside boundaries of the premises from which soil is to be removed or excavations conducted thereon and for which a permit is sought. Said notice shall be served personally upon said property owners or by certified mail, return receipt requested, not less than 10 days prior to the date on which the hearing is to be held, and the applicant shall submit, at the time of hearing, proof of service of such notice to property owners in affidavit form.
Also, in the event of such hearing, the Borough Clerk shall cause public notice of the application and the time, place and date of public hearing to be published in the legal newspaper of the Borough at least seven days prior to the date of the hearing. Said publication shall also indicate the premises for which the permit is sought by plate, block and lot number, as well as by a street address or general location.
At the public hearing, the Council may receive testimony and further evidence from the applicant, and inform any interested person, and reports from any Borough officials relevant to the application and the issuance of a permit.
In considering and reviewing the application and in arriving at its decision, the Council shall be guided and take into consideration the reports and evidence adduced at the public hearing and the effect of the issuance of the permit on the public health, safety and general welfare and particularly, but not in limitation thereof, the following factors:
Soil erosion by water and wind.
Drainage or sewerage problems.
Lateral support slopes and grades of abutting roads and lands.
Land value and uses.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough and any environmental impact thereon.
If the Council is of the opinion and determines that the proposed excavations or soil removal will not have an adverse effect on the above considerations and will not create conditions inimical to the public health, safety and welfare and will not result in the creation of any sharp declivities, pits, depressions, soil erosion or fertility problems or depressed land values or create any drainage or sewerage problems or other conditions of danger to life, personal safety or property, then the Council shall, by resolution, approve the application and accompanying documents subject to such reasonable conditions or restrictions designed to meet the engineering recommendations or other adverse objections to the application or proposed excavations or soil removal as the Council may impose. If any application is so approved by the Council and the applicant complies with other provisions of this chapter, then the Borough Clerk, within five days thereafter, shall issue a permit in accordance with such approval and pursuant to the provisions of this chapter. If the application is not approved by the Council, then the Borough Clerk, within five days of such determination, shall notify the applicant in writing of such denial, together with the reasons therefor.
Notwithstanding anything herein to the contrary, it shall be a condition precedent to the approval of any application or the issuance of any permit under this chapter that an application for soil removal be first filed with the Camden County Soil Conservation District and that the Camden County Soil Conservation District approve such soil removal.
After the Council approves an application but before a permit is issued by the Borough Clerk and any work for which a permit is required under the provisions of this chapter is done, the applicant shall file and maintain a bond during the period covered by such permit, which bond in substance and form shall be acceptable to the Council and in such amount as in the opinion of the Council will be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the provisions of this chapter. In no event will the filing of a bond be deemed to be approval of a permit required hereunder.
The permit shall be on a form prescribed by the Council. It shall be dated as of the date it is actually issued by the Borough Clerk and shall be signed by the Mayor. The term of the permit shall not exceed one year. All permits shall automatically terminate on the expiration date unless application for renewal has been made in writing, and the Council may extend such permit by resolution for additional one-year periods. No public hearing shall be required upon such an extension, unless the Council shall determine that further investigation or information is desirable in the interest of public health, safety and welfare.
No permit shall be transferable from the applicant to whom the permit is issued to any other person or persons.
No excavation shall be made or soil removed, nor shall any operation be conducted, so as to violate any of the following conditions after a permit is issued:
All topsoil on the premises shall be stored temporarily on the premises inside a fenced area during operations and, after grading is completed, respread on the premises to a depth of not less than four inches.
Not more than three acres shall be excavated at one time, enclosed with a snow fence, including area used for storage of topsoil, properly leveled off, cleared of debris and graded to conform with the contour lines and grade recommended for approval by the Borough Engineer to the Council and approved by the Council. The Borough Engineer may recommend to Council a waiver of the three-acre limitation at any one time. In the event that the Council approves such recommendation, the area of work shall encompass that area so recommended by the Borough Engineer to the Council.
All trees, stumps, brush, etc., shall be removed monthly and not buried on the premises.
The area excavated shall be graded and covered with four inches of topsoil and seeded with perennial grass during the planting season. If sufficient topsoil is not available from the premises, then a cover crop as prescribed by the Borough Engineer shall be spread on the premises. Thereafter, the snow fence may be removed.
Soil removal shall not be deposited or in any way thrown or placed upon the adjoining property or public roads.
All operations shall be conducted in strict compliance with any and all applicable state or local laws, ordinances or regulations, as well as this chapter and the terms and conditions which the application as modified by the permit set forth.
The operations shall be conducted so as not to constitute a nuisance to adjoining owners, and in no event shall any sharp declivities, pits or depressions be created.
Upon completion of operations or excavation, the area of the premises involved shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Council.
No slope along the perimeter of any excavation area shall exceed one foot vertical to five feet horizontal, unless specifically waived by the Council at the public hearing.
The permittee shall be allowed to continue in operation so long as said permittee complies and conforms to the contours and grades set forth in the topographical survey map as approved by the Council upon the recommendations of the Borough Engineer.
Where, by reason of extraordinary or exceptional configuration, topography, conditions or situations of the premises, the strict application of any regulation or condition set forth in this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant, the Council may authorize or grant a variance from such strict application so as to relieve such difficulties or hardship. The Council may authorize or grant a variance from such strict application in particular cases and for special reasons. However, no variance shall be authorized or granted unless such relief can be authorized or granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter.
The permittee shall permit inspection of the premises at all reasonable business hours by members of the Council or by such persons as the Council may lawfully authorize to inspect and report thereon to the Council. Every operation shall be inspected by the Borough Engineer once every four months during the period of time that the operation of the permittee is being conducted. The permittee shall pay the cost thereof, which cost shall be included as part of the fee originally deposited, or if said fee as originally deposited shall be of insufficient amount to cover such costs of inspection, then the permittee may be billed therefor at the cost of $50 per inspection. In the event that a reinspection is required by reason of violations found in the course of regular inspections, the permittee shall pay the costs for such reinspections at the aforesaid rate.
The Council may, for reasons of public health, safety and welfare, determine the routes to be utilized by the permittee within the Borough in transporting soil removal; and every person who shall transport over the streets, roads and highways in the Borough any soil removed from any lands or premises within the Borough pursuant to a soil removal permit issued in accordance with this chapter shall sweep, pick up, remove or cause to be swept, picked up or removed all dust, dirt and mud from said roadways, streets or highways and shall apply or cause to be applied to said roadways, streets or highways a dust preventative wherever the same shall be determined necessary and communicated to the permittee by the Borough Engineer.
In the event of the failure, neglect or refusal of any person to so sweep, pick up or remove dust, dirt and mud or to apply a dust preventative when required under this section, the Council is authorized to suspend any soil permit issued for a period of not less than three days or to revoke said soil removal permit as hereinafter provided.
Upon 10 days' notice and an opportunity to be heard before the Council, the permit of any person may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder.
This chapter shall not be construed to, nor is it intended to, require a permit for any excavation or removal of soil for the preparation of a lawn, sidewalk or driveway or for excavations for septic tanks or for shallow drainage ditches or filter beds or like sanitary improvements; nor is it to be construed or intended to require a permit for any state, county or municipal work or excavations to be done or performed in the Borough; nor shall it apply to any soil removal operations conducted by the municipality or to any person or persons under contract for excavation or removal of soil with the municipality, including municipal landfill operations or such conducted under the municipal contract.
In addition to action on the bond required or the revocation provided herein, any person who violates this chapter or any director or officer of a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to the penalties in Chapter 1, Article I, General Penalty. Each day that a violation continues shall be considered a separate and distinct violation thereof.