[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 6-3-1985.
Amendments noted where applicable.]
This chapter shall be known as Chapter 177 of the Code of the Borough of Hamburg and as the "Soil Removal Ordinance."
In this chapter the following terms shall have the following meanings:
A plan for soil removal approved by the Planning Board in accordance
with the provisions of this chapter.
Soil that when dry contains not less than 4% by weight of organic
matter and the balance of which is mineral matter.
The Planning Board of the Borough of Hamburg.
The municipal governing body of the Borough of Hamburg.
The application of plant residue or other suitable materials to the
land surface to conserve the moisture, hold the soil in place and aid in establishing
plant cover.
A soil removal permit issued pursuant to the provisions of this chapter.
All unconsolidated mineral and organic matter of any origin, or gravel.
Arable soil within eight inches of the surface.
A.
No person shall excavate for the removal of soil for
sale or use or otherwise remove soil for sale or use unless a permit has first
been obtained in accordance with this chapter.
B.
A permit shall be required for any excavation when 100
cubic yards or more are removed or to be removed from a site. Any application
for a site plan review or approval contemplating removal of soil in excess
of 100 cubic yards shall apply for a soil removal permit with the initial
site plan application. The Planning Board shall have the specific authority
to waive the requirement of a soil removal permit when the application is
for the routine excavation necessary for the construction of approved development.
No person shall remove soil from a residential construction site or
a construction site not requiring a soil removal permit until such time as
the structure has been backfilled and graded.
This chapter shall apply to existing permits as well as new permits.
Nothing in this chapter shall be construed to compel, authorize or approve a soil removal operation in violation of Chapter 215, Zoning, of the Borough of Hamburg.
An application to the Planning Board for a soil removal permit shall
be accompanied by the following:
A.
A fee of $1,000 which shall constitute the first year
license fee if the application is granted.
B.
An aerial photograph of the site at a minimum scale of
one inch to 200 feet.
C.
A map showing the existing contour lines at two-foot
levels for the site and within 100 feet of the site.
D.
A map showing the proposed contour lines at two-foot
levels after the removal of soil. Prepared by aerial methods at a scale of
one inch to 100 feet.
E.
All existing structures on the premises and the general
location of all structures within 200 feet of the premises.
F.
All existing roads and drainage on the premises and within
200 feet of the premises.
G.
The location of all proposed topsoil storage areas.
I.
The elevation of the existing water table if it is within
eight feet of a proposed final contour line or a certification that the water
table is not within eight feet of the proposed final contour line. Such a
determination or certification shall be made by a licensed professional engineer
and shall show the date that the tests and certifications were made.
J.
The application shall also indicate the total number
of cubic yards to be removed and the length of time for the proposed operation
to be completed.
K.
Evidence of prepaid public liability insurance in amounts
of at least $100,000 for each person injured, $300,000 for each accident and
$50,000 for each accident involving property damage. This insurance shall
be maintained in force at all times during the course of the permit.
L.
The application map shall show the proposed traffic pattern
on all access and public roads to the site and indicate the number of truck
loads per day as anticipated during peak operations.
M.
The application map may provide for phasing, if the applicant
or Board deems the same to be necessary.
N.
No permit shall be issued without the approval of the
Sussex County Soil Conservation District.
O.
The applicant shall be responsible for wind and dust
erosion so that there is no wind or dust erosion from the site. This shall
be a continuing obligation under the permit.
In considering and reviewing applications and arriving at a decision
for approval or rejection, the Planning Board shall be guided and take into
consideration the following aspects of public health, safety and general welfare
in compliance with the general land use control and Master Plan of the borough;
A.
Soil erosion by land and wind.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support of adjoining lands and roads.
E.
Public health and safety.
F.
Land values and uses.
G.
Both proposed and existing contours.
H.
Topographic character of the land prior to removal and
the proposed contours which shall result.
I.
Whether the proposed soil removal is necessary and incidental
to the development of the property for its intended use.
J.
Effects of tree removal.
K.
Effects of water resources such as streams and wetlands.
No soil removal permit shall be granted until a complete application
is made and heard before the Planning Board with notice in the newspaper and
by mail to all persons within 200 feet of the subject premises in accordance
with N.J.S.A. 40:55D-12.
The applicant shall bear all costs in relation to professional or technical
services required by the Planning Board of the borough for granting, enforcement,
denial or revocation of a soil removal permit. No permit shall be granted
except to the owner of the premises to be licensed, who shall be fully responsible
for the operations, thereon. In the event that costs may be incurred by the
borough for the granting, revocation, maintenance or correction of a premises,
those costs shall constitute a tax lien on the subject premises after certification
of the necessary amount expended to the Tax Collector.
If a permit is issued for soil removal as provided herein, the owner,
operator and person in charge shall conduct the operations in such a manner
so 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 contour lines and grades as required under the
approved plan. No soil shall be removed nor shall any operation be conducted
so as to violate any of the regulations of this chapter. All operations shall
be conducted so that no noise from the operation shall be so loud as to offend
the peace and quiet of the surrounding neighborhood, realizing that Hamburg
is a residential community. The Borough Council shall have the right to stop
an operation if it determines the noise emanating from the site to be excessive.
This right shall be a specific condition of all permits issued under this
chapter and excessive noise shall not be a penal or criminal violation. The
Borough Council shall have the unbridled discretion to determine if the noise
level offends the neighborhood, but shall only stop an operation after written
notice is served on the operator with 48 hours to correct the noise level.
Arable soil within eight inches of the surface and topsoil shall not
be removed from the licensed premises, but promptly on completion of the operations,
or during the operation as required by the approved plan shall be retained
and respread on the surfaces as uniformly as possible to a minimum depth of
six inches and seeded with winter rye or other suitable planting material
and mulched in accordance with the soil and sediment erosion control plan.
If the soil within eight inches of the surface of the ground is not arable
soil, arable soil to a minimum depth of six inches shall be spread thereon
promptly when the operation is completed.
Soil shall not be deposited or allowed to be deposited, spilled, placed
or thrown upon any adjacent property or public road. Any soil or material
resulting from such an operation accumulating on any adjoining property or
public road shall be removed therefrom by the permittee, daily.
A.
All operation shall be conducted in strict accordance
with all applicable state laws and other ordinances of the Borough of Hamburg
and in accordance with the terms and conditions of the permit and plan.
B.
No operation shall be so conducted so as to constitute
a nuisance to the adjoining owners or the borough.
C.
Upon completion of any operation or of the excavation
from an area delineated on the application, the area shall be properly leveled
off, cleared of debris, graded to conform with the contours as approved by
the plan, reseeded and mulched.
D.
Soil shall not be removed except from one contiguous
area at a time and not more than five acres of contiguous area may be opened
for operation at any one time.
E.
No soil shall be removed which is within eight feet of
the existing water table.
F.
The applicant shall construct and maintain an access
road in such a condition as to ensure that the trucks leaving the site will
not track material onto the public road.
G.
No soil shall be removed nor shall any operation be conducted
except in accordance with an approved plan. No trash, garbage, junk, debris
or hazardous material shall be stored in any licensed area.
H.
The Municipal Engineer shall have the right as a condition
of a permit to inspect the licensed premises at all times together with the
officials and officers of the borough as are reasonably necessary to ensure
compliance with the permit and the terms of this chapter.
I.
Each permittee shall furnish an annual progress report
to the Borough Engineer on or before the 365 days after the issuance of a
permit, which shall consist of a map at a scale of not less than one inch
to 100 feet showing the contours every two feet, retained arable soil, equipment,
and areas where the soil was removed, location of water supply and drainage
facilities. The plan should be based on site conditions existing not less
than 270 days after issuance of the permit. The plan shall be certified by
a licensed professional engineer.
J.
While working an area, the working face of an excavation
shall not exceed a slope of one foot horizontal to 10 feet vertical and shall
not exceed a vertical height of 30 feet. A suitable fence shall be erected
along the working face of the excavation in order to prevent persons from
approaching such working face from existing grade level. Any face not currently
being worked shall not exceed a slope of two feet horizontal to one foot vertical
and shall not exceed a vertical height of 30 feet.
K.
Where an excavated area adjoins a road, no excavation
shall be made below the level of the road for a distance of 100 feet back
from the center line of the road except in instances where on the low side
of the road, the removal of material would not substantially alter the general
terrain characteristics. Where an excavated area is within 50 feet from any
building, the finished grade thereof shall not exceed 10% or be less than
2%. Care should be taken so that there shall be no diversion of surface waters
either during the operation or after the project is completed.
L.
At least every even anniversary of the issuance of the
permit, the progress map submitted shall be made by aerial survey methods
and shall be accompanied by an aerial photograph at a minimum scale of one
inch equals 200 feet.
M.
Hours of operation shall be limited to 7:00 a.m. to 5:00
p.m., Monday through Saturday. There shall be no operation of any kind or
character on Sundays.
N.
The owner and operator shall be responsible for the actions
of vehicles going to and coming from the site and failure of such vehicles
to comply with the regulations of this chapter shall be grounds for revocation
of a permit.
O.
No operation shall be permitted to be conducted within
100 feet of the boundary of an adjoining municipality.
The Planning Board may within reasonable limits modify or waive any
of the above conditions when the applicant can prove by undue hardship due
by reason of topography, grade or other special conditions that such application
will clearly be in the public interest.
After the issuance of a permit by the Planning Board as provided for
above, there shall be an annual fee charged to the permittee of $1,000 per
year. In addition, the operator shall reimburse the borough for engineering
costs and other services which the borough may deem necessary or desirable
to assure the orderly soil removal operation in full compliance with this
statute and the other applicable laws. This fee shall be paid on or prior
to the 365th day after the issuance of a permit.
Before any work is done for which a permit is required and during the
period covered by the permit, and until there has been full compliance with
this chapter and the plan, the applicant shall file and maintain a bond in
a form and with a surety acceptable to the Borough Attorney sufficient to
ensure the faithful performance of the work to be undertaken pursuant to the
conditions of the permit. Such bond shall also cover the cost of repairing
public roads likely to be damaged by the transportation of the material or
equipment and the final provision for drainage for the site.
After written notice is mailed to the applicant at the address designated
in the application for the permit, the Planning Board may hold a hearing to
revoke a permit, or suspend the same as the Planning Board may determine,
for any violation of the terms of the permit application, applicable ordinance
or law.
When all of the performance required in accordance with the permit has
been completed, the obligor shall notify the Borough Council in writing. Thereafter,
the Borough Engineer shall inspect the site to determine that all of the requirements
of the approved plan have been complied with and the Borough Engineer shall
file a written report to the borough which shall detail the work which remains
to be completed, as the case may be. When the borough has determined that
all of the performances required under the application and planning have been
complied with, it shall forthwith discharge the security.
In the event the owner fails to comply with the terms of an application
or permit, then such application shall be deemed to be written authority from
the owner to the borough to take such steps and incur such expenditures as
are necessary to correct any hazard or dangerous condition on the premises.
