[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 8-11-2009 by Ord. No. 09-13R.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 257.
Land use — See Ch. 184.
Storm drains — See Ch. 258.
Stormwater control for major developments — See Ch. 255.
Stormwater control for non-major developments — See Ch. 256.
[1]
Editor’s Note: This ordinance also repealed former Ch.
250, Soil Removal, adopted 4-8-1992 by Ord. No. 92-03R, as amended.
It is hereby found and determined that the uncontrolled and
unregulated removal, excavation, filling and placement of soil has
resulted and will result in conditions which are or may be detrimental
and inimical to the public safety, health and general welfare and
which do or may substantially affect the efforts of the Borough to
promote and effectuate the general purposes of proper municipal planning,
drainage and flood control.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any digging, excavation, placement, replacement,
filling, grading or leveling of soil or any activity, which shall
alter or change the grade, location or contour of lands and the transportation
or supplying of soil. Mulching and/or the tilling of land for the
purposes of gardening or reseeding of lawns shall be excluded from
this definition.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person shall undertake any land disturbance within the Borough
unless the person has first obtained a permit or a waiver from the
Borough Engineer in accordance with the provisions of this chapter.
Any person desiring to disturb soil within the Borough shall
file with the Borough Clerk a preliminary application, in writing,
for such disturbance. The person intending to perform such operation,
as well as the owner or owners of the premises from or on which soil
is to be disturbed, shall sign such application. There shall be no
fee to be submitted with an initial application for disturbing soil.
The preliminary application shall include or be accompanied by the
following information:
A.
A location survey which shows all structures, lot lines and easements,
marked up to show the limits of disturbance, proposed drainage patterns,
retaining walls and landscaping.
B.
A written description of the proposed work, including the volume
of soil to be excavated or placed, the maximum change in elevation
resulting from the project and the maximum height of any proposed
retaining walls.
C.
The reasons for the proposed work and the proposed dates for commencement
and completion.
D.
The address, lot and block number of the premises from which or on
which soil is to be removed or filled and the names and addresses
of the owners.
A.
The Borough Clerk shall submit a completed preliminary application
to the Borough Engineer for his/her review and determination.
B.
After examination of the preliminary application and supporting material,
the Borough Engineer may issue a permit waiver, provided that the
volume of excavation or fill does not exceed 10 cubic yards and the
area of disturbance is less than 500 square feet. Once a permit waiver
is issued, the applicant may proceed.
C.
If a permit waiver is not issued, the applicant shall be required
to submit a final application comprising the following:
(1)
A nonrefundable application fee of $100.
(2)
A grading plan showing the present and proposed contour lines at
no more than a one-foot contour interval, together with sufficient
spot elevations to show present and proposed drainage patterns.
(3)
Proposed measures for soil erosion and sediment control.
(4)
The proposed dates for commencement and completion.
(5)
Any other information as may reasonably be required by the Borough
Engineer to address adequately the application and this chapter.
D.
A copy of the final application and supporting materials shall be
given by personal service or certified mail to the owner of each property
abutting the applicant's property. An affidavit of proof of service
must be submitted to the Borough Clerk before the application will
be considered complete.
A.
The Borough Engineer shall grant or deny approval within 30 days
of submission of a completed final application and proofs of service,
unless the Borough Engineer and the applicant mutually agree to an
additional thirty-day extension for the purpose of updating or revising
the application.
B.
The Borough Engineer shall provide the applicant with a written notice
of such decision, which shall be based upon a determination as to
whether the applicant has satisfied the performance standards provided
in this chapter, as well as the other requirements of this chapter.
The Borough Engineer shall send a copy of such decision to the owner
of each property abutting the applicant's property. Work may
commence no sooner than 10 calendar days after issuance of a permit
or 10 calendar days after the Borough Engineer sends a copy of such
decision to the owner of each property abutting the applicant's
property, whichever is later, unless an appeal has been filed by the
owner of an abutting property.
C.
The Borough Engineer shall set an escrow requirement to provide that
the applicant shall pay the cost of all engineering services, inspection
services, repairs, supervision and street cleaning incurred by the
Borough during the progress of the work under this chapter.
A.
The decision of the Borough Engineer to grant or deny the permit
requested shall be subject to review by the Planning Board, upon written
appeal by the applicant in the event of a denial or by the owner of
an abutting property in the event of a grant. Such written request
must be filed with the Borough Engineer within 10 calendar days after
notice of the decision has been mailed and must be accompanied by
a nonrefundable fee of $100. The Planning Board shall grant a hearing
for review of said action of the Borough Engineer within 30 days thereafter.
B.
The Planning Board, upon conclusion of such hearing, may affirm,
reverse or deny the decision of the Borough Engineer, as the case
may be.
A.
Any soil removal or filling operation shall be so conducted that
there shall be no sharp declivities, pits or depressions and so that
the area shall be properly leveled off, cleared of debris and graded
to conform to the approved grades and shall not substantially increase
or alter the existing water drainage characteristics to the detriment
of adjacent, nearby or surrounding properties. Drainage provisions
shall accommodate any increased runoff that will result from modified
soil and surface conditions.
B.
The top four inches of arable soil shall not be removed from the
premises but shall be set aside for retention on the premises and
shall be respread on the premises when the rest of the soil has been
removed or filled pursuant to approved levels.
C.
Stripping of vegetation, grading and other soil disturbance shall
be done in a manner that will control sediment and minimize soil erosion.
This includes the use of temporary seeding, mulching, silt fencing
or other suitable measures. Whenever feasible, natural vegetation
shall be retained and protected.
D.
The extent of the disturbed area shall be kept within the limits
shown on the application. All of such work shall be completed within
the time period specified in the application, and no work shall be
carried on except between the hours of 8:00 a.m. and 8:00 p.m., Monday
through Saturday.
In the removal or filling of soil, dirt or other material, only
such streets within the Borough shall be used for transportation as
may be designated for that purpose by the Borough Engineer. Such streets
shall be kept free from dirt resulting from such soil removal or filling
work.
This chapter shall not apply to soil disturbance incident to
work under a permit issued by the Construction Official; soil disturbance
incident to an approval granted by the Planning Board; or excavations
or filling for improvements being made by the Borough or its contractors.
Nothing in this chapter shall be construed to prevent the Borough
from initiating injunctive proceedings to restrain removal, redistribution
or filling of soil in violation of this chapter.
A.
If any person shall violate any of the provisions of this chapter,
each day shall be deemed a separate violation and each such separate
violation shall subject the offending party to the same penalty as
provided for a first offense.
B.
Any person who violates any provision of this chapter shall, upon
conviction, be punished by a fine of no greater than $2,000, or by
imprisonment for a term not exceeding 90 days, and/or by a period
of community service not exceeding 90 days.
