Borough of Maywood, NJ Chapter 281 Soil Removal and Deposit

[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-21-72;[1] amended in its entirety 8-13-85 by Ord. No. 16-85. Sections 281-7E and 281-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 169.

Land use — See Ch. 209.

[1] Editor's Note: The provisions of this chapter are derived from Ch. 21 of the former Revised Ordinances, adopted 11-21-72 as Ord. No. 659.

§ 281-1 Declaration of findings.

A. The Mayor and Council find and determine that the unregulated and uncontrolled relocation, filling, excavation, removal or deposit of soil on a large scale has resulted in conditions detrimental to the public safety, health and general welfare.

B. The Mayor and Council further find and determine that the discovery of contaminated soils within the Borough of Maywood requires further control and regulation concerning the relocation, filling, excavation, removal and deposit of soil within the Borough of Maywood.

§ 281-2 Permit required.

No persons shall excavate, remove, deposit, relocate, pile or otherwise store soil in excess of 50 cubic yards from or upon any premises within the Borough of Maywood without first obtaining permission therefor from the Building Inspector and a permit issued as required by this chapter.

§ 281-3 Contaminated soil.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CONTAMINATED SOIL

Soil containing any hazardous waste or radioactive substances.

HAZARDOUS WASTE

Any 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 any waste so designated by the United States Environmental Protection Agency.

RADIOACTIVE SUBSTANCE

Any substance which emits particle radiation, including alphas, betas, high energy electrons, neutrons, protons and other atomic or nuclear particles, in such a manner as to be or tend to be injurious or dangerous to the health of persons, wildlife or the ecology.

B. No person shall knowingly excavate, remove, deposit, relocate, pile or otherwise store any contaminated soil from or upon any premises within the Borough of Maywood without first obtaining permission therefor from the Mayor and Council and a permit issued as required by this chapter.

C. Any person owning or occupying premises within the Borough of Maywood wishing to remove soil from said premises shall advise the Building Inspector, in writing, by certified mail, return receipt requested, prior to removing any such soil. The Building Inspector shall advise said person whether the premises in question have been identified or suspected of containing contaminated soil. No persons shall remove any soil from any premises within the Borough of Maywood without having first obtained such notification from the Building Inspector. Receipt of such notification identifying said premises as containing or being suspected of containing contaminated soil shall be conclusive evidence as to knowledge that said premises may contain contaminated soil.

D. In addition to the requirements for obtaining a permit for the deposit or removal of soil contained in § 281-5 hereof, the Mayor and Council may require additional information for the issuance of a permit for the deposit, removal, relocation, piling or other storage of contaminated soil from or upon any premises within the borough, including but not limited to the following:

(1) A chemical and/or radiological inspection report on all such soil deposited, removed, relocated, piled or otherwise stored, identifying the nature of the contamination.

(2) The source of any contaminated soil to be relocated, deposited, piled or stored within the Borough of Maywood.

(3) The destination of any contaminated soil to be excavated, relocated or removed from the Borough of Maywood.

(4) A description of the method by which such contaminated soil is to be transported within the Borough of Maywood and the proposed route and the dates and times during which such proposed transportation shall take place.

(5) The quantity of the contaminated soil to be relocated, deposited, piled, stored, excavated or removed.

E. Transportation of contaminated soil within or through the Borough of Maywood shall be made only in accordance with the following regulations:

(1) Vehicles transporting said contaminated soil shall be covered and sealed in such a manner as to prevent the spillage of any contaminated soil or dust therefrom during transport.

(2) All exposed portions of said vehicles shall be cleaned of any contaminated soil prior to travel along any street within the Borough of Maywood.

(3) Under no circumstances shall any contaminated soil or contaminated water runoff be permitted to fall or flow upon any street within the Borough of Maywood or enter into the borough's sanitary sewer system or drainage water system.

(4) Transportation routes and traffic control will be coordinated with the Chief of Police or such other designated borough official.

§ 281-4 Topsoil removal.

A. 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 arable soil for a depth of six inches. Such top layer of arable 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 Building Inspector.

B. With respect to the removal of contaminated soil within the Borough of Maywood, the top six inches of soil may be removed, provided that the grade is restored with a minimum of six inches of suitable topsoil.

§ 281-5 Application for permit; map.

Neither the Mayor and Council nor the Building Inspector shall issue any permit for the excavation, deposit, removal or relocation of soil from or upon any premises within the Borough of Maywood unless and until the owner of the premises files a written application with the Building Inspector requesting the issuance of such a permit, which application shall include and be accompanied by a map of the premises so described, showing the contour lines and proposed contour grades resulting from the intended removal of soil in relation to the topography of the premises.

§ 281-6 Inspection and approval of grades and contour lines.

The proposed grades and contour lines, as shown on the map referred to in § 281-5 of this chapter, shall be subject to inspection and approval of the Building Inspector. Permission for soil deposit or removal shall not be granted nor a permit issued until the map has been filed and until the proposed contour lines and grades have been so approved.

§ 281-7 Issuance of permit; term; fee.

A. Upon written request for a hearing made by the applicant to the Mayor and Council, an opportunity to be heard shall be granted within 30 days thereafter.

B. The Mayor and Council, in considering the application and in arriving at a decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:

(1) Soil erosion by water and wind.

(2) Drainage.

(3) Soil fertility.

(4) Lateral support of slopes and grades of abutting streets and lands.

(5) Land value and uses.

(6) Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the borough.

(7) The health, safety and welfare of the residents, wildlife and ecology of the Borough of Maywood.

C. If, after examining the application and the map provided for in § 281-5 and after the hearing, in the event that a hearing is requested by the applicant, the Mayor and Council shall be of the opinion that the proposed soil removal or relocation will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declevities, large or unsightly mounds, pits or depressions, soil erosion or fertility problems or depressed land values and will not create any drainage, sewerage problems or other conditions of danger, permission to excavate, remove, deposit, relocate, pile or otherwise store the soil shall be granted.

D. The permit shall then be issued and shall be valid for six months, unless extended by the Mayor and Council for an additional period of not more than six months. The permit shall be subject to the terms and conditions set forth in this chapter.

E. The fee for a permit shall be as set forth in Chapter 169, Fees.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 281-8 Bonds.

Before any permission for soil excavation, removal, deposit, piling, storage or relocation shall be granted or permit issued under this chapter, the owner or applicant shall file with the Mayor and Council a bond, in form and with surety acceptable to the Borough Attorney, in such amount as, in the opinion of the Borough Engineer, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by either the Mayor and Council or Building Inspector, respectively, and as required by the provisions of this chapter.

§ 281-9 Regulation of deposit or removal.

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 conduct the operations so that there shall be no sharp declevities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Building Inspector.

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, holidays excepted.

§ 281-10 Compliance required.

No excavation shall be made and no soil shall be removed, deposited, stored, piled or relocated under the provisions of this chapter unless a permit therefor shall have been first obtained as required by this chapter, and no excavation shall be made and no soil shall be deposited, removed or relocated except in conformity with the provisions of this chapter.

§ 281-11 Violations and penalties. [1]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 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.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.