[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 18 of the Revised Ordinances of 1972; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 124.
Fees — See Ch. 138.
Flood hazard areas — See Ch. 154.
Licenses and permits — See Ch. 188.
Penalties — See Ch. 226.
Land use — See Ch. 310.
As used in this chapter, the following terms shall have the meanings indicated:
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade, level or otherwise alter of change the location or contour; transport or supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of soil, or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.
TOPSOIL
Soil that, in its natural state, constitutes the top layer of earth, and is composed of two percent (2%) or more, by weight, of organic matter and has the ability to support vegetation.
[1]
Editor's Note: The grant of general police powers to municipalities under N.J.S.A. 40:48-2 authorizes the adoption of ordinances to license and regulate the removal of soil. See Fred v. Mayor and Council, Old Tappan Borough, 10 N.J. 515, 92 A. 2d 473 (1952).
A. 
No person shall move, or cause, allow, permit or suffer to be moved, any soil to or from any lot within the boundaries of the Borough in an amount greater than twenty-five (25) cubic yards, unless and until a soil removal permit therefor shall have first been issued, as hereinafter provided.
B. 
All applicants for development before the Planning or Zoning Board shall seek a soil movement permit.
C. 
Any person who, within a period of twelve (12) consecutive months, moves less than twenty-five (25) cubic yards of soil shall be exempt from these regulations.
The matter of reviewing and considering all applications for soil removal permits is hereby referred to the Borough Engineer.
The Construction Code Official of the Borough shall issue permits required by this chapter, only after the Borough Engineer has submitted a report and recommendation for issuance. If the Borough Engineer recommends that a permit not be issued, the Construction Code Official shall not issue the permit unless and until he or she is notified that the Borough Engineer recommendation has been overruled, as hereinafter provided.
The procedure for applying for and issuance of a soil removal permit shall be as follows:
A. 
Form of application. On forms prescribed and supplied by the Borough, the applicant shall set forth, in duplicate:
(1) 
The name and address of the applicant.
(2) 
The block and lot number of lands in question.
(3) 
The name and address of the owner of the lands; if the owner is a person other than the applicant, the owner shall signify his or her consent to the application by signing it along with the applicant.
(4) 
The purpose or reason for moving the soil.
(5) 
The kind and quantity in cubic yards of soil to be moved.
(6) 
In case of removal, the place to which the soil is to be removed, and the kind and quantity of soil to be removed.
(7) 
The proposed date of completion of the work.
(8) 
Such other pertinent data as the Borough Engineer may require.
B. 
Topographical map. Accompanying the application to move more than fifty (50) cubic yards shall be a topographical map, prepared by a licensed civil engineer or land surveyor, in duplicate, showing:
(1) 
The dimensions of the lot and the lot and block number of the lot and each abutting lot.
(2) 
The present grades, on a one-hundred-foot grid layout.
(3) 
The proposed grades at said points when the work has been completed.
(4) 
The quantity, in cubic yards, of soil involved in the work, as computed from cross sections which shall be shown on the map.
(5) 
The grades of all abutting streets and lots.
(6) 
Present and proposed surface water drainage and any existing proposed appurtenances therefor.
(7) 
Proposed slopes and lateral supports.
(8) 
The location of all trees having a diameter of six (6) inches, or more, at the base.
(9) 
Such other pertinent data as the Borough Engineer may require.
C. 
Permit fee and deposit for costs.
(1) 
The application shall be submitted to the Construction Code Official with a fee and deposit for costs in an amount computed as provided in Chapter 138, Fees.
(2) 
Deposits for costs shall be used for the costs associated with the review of the application and for filed monitoring inspections, reports to the Mayor and Council or Construction Official, during soil movement activities. Unused portions of the deposit shall be refunded to the applicant upon approval of completion of activities by the Borough Engineer.
(3) 
Should a resubmission of the application documents be necessary due to incompleteness, or the review by the Borough Engineer, an additional deposit as provided in Chapter 138, Fees, shall be made by the applicant for each resubmission. This deposit may be waived by the Chief Financial Officer if it is deemed that sufficient deposits are adequate to fully process the application.
D. 
Review of application; hearing. Within forty-five (45) days after receipt of the application, the Borough Engineer shall review and consider the application and render its report and recommendation to the Construction Code Official, who shall grant or refuse the permit in accordance with the recommendation.
E. 
Appeal. In the event of refusal, the applicant may, not later than thirty (30) days after such refusal, appeal to the Borough Council. The Borough Council may sustain or overrule the Borough Engineer's recommendation.
F. 
Permit: form and conditions. The soil removal permit shall contain any special conditions set forth by the Borough Engineer.
In considering and reviewing the application, the Borough Engineer shall be guided by the general purpose of municipal planning and shall take into consideration the following factors:
A. 
Prior development approvals.
B. 
Soil erosion by water and wind.
C. 
Surface and subsurface water drainage.
D. 
Soil fertility.
E. 
Lateral support of abutting streets and lands.
F. 
Public health and safety.
G. 
Land values and uses.
H. 
Preservation of trees and shrubbery.
I. 
Prevention of sharp declivities, pits and depressions.
J. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
K. 
Consistency with the Bergen County Soil Conservation District standards.
L. 
The route that soil-moving vehicles will use, and the adequacy of the public streets to accommodate the same.
M. 
Proximity to wetlands and flood hazard areas.
A. 
Whenever any person moves topsoil in or upon any lot, provision shall be made for the storage of said topsoil within the boundary lines of said lot.
B. 
Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the lot on or before the completion date set forth in the soil removal permit, so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.
C. 
No person shall remove beyond the boundary lines of the lot any topsoil unless and until topsoil not inferior in quality to that to be removed shall first have been replaced as shown of the topographical map. In no event shall any person remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.
No person shall deposit soil upon, fill in or raise the grade of any lot without first making provision for:
A. 
The use in said work of soil or such other materials as will not result in deviation from the proposed final grades of the uniformity thereof by reason of abnormal shrinkage or settlement.
B. 
The collection and storage upon the lot of the original topsoil to the end that said topsoil shall not be buried beneath soil or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material, so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area, or by any body of water or waterway. The said topsoil shall not be inferior in quality to that of the original topsoil, to a depth of not less than six (6) inches, measured from the proposed final grades as shown on the topographical map.
A. 
No person shall deposit, cause to be deposited or create any condition which causes soil to be deposited on any street, sidewalk or other public place of the Borough. The prohibition in this subsection shall not apply to the Borough or its authorized agents, employees or representatives.
B. 
No person shall drive a vehicle carrying soil unless such truck or other vehicle is so constructed or loaded as to prevent any soil from being deposited on any street, sidewalk or other public place or upon private property.[1]
[1]
Editor's Note: For statutory provisions prohibiting spillage from vehicles, see N.J.S.A. 29:4-7.
A. 
When greater than two hundred (200) cubic yards of soil are to be moved, no permit shall be issued unless the applicant posts with the Borough a performance guaranty in form and with the surety acceptable to the Borough, in such amount as the Borough Engineer determines, conditioned upon full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the soil removal permit issued pursuant hereto.
B. 
When other performance guaranties are posted for development applications which include soil movement, no separate performance guaranty is required.
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the soil conservation program of the Northeastern Jersey Soil Conservation District of the United States Department of Agriculture Soil Conservation Service, and for which lands an approved farm plan has been established by said agency, provided that all soil-moving operations in and upon such lands are performed in accordance with said approved farm plan.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands in or upon which soil-moving operations are being conducted, to examine and inspect such lands.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 226, Penalties. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.