[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 7-8-1974 as Ch. 9, Art. 4, of the 1974 Code. Amendments
noted where applicable.]
[Amended 7-11-1977 by Ord. No. 283-C]
A.
Except under the terms and conditions set forth in this chapter in connection with the development of land in accordance with Chapter 210, Zoning, as heretofore amended, and more particularly in connection with the subdivisions of land before the Planning Board when the removal, relocation or addition of relatively small amounts of soil may be deemed appropriate and recommended by the Planning Board, no person shall do, allow or permit to be done with the Borough of Saddle River anything which will:
(1)
Increase or decrease the elevation or change the contours
of any land.
(2)
Bury, destroy, remove or relocate top soil or subsoil
from any land.
[Amended 7-21-1997 by Ord. No. 97-652-C]
(3)
Strip any land of its erosion-preventing live vegetation.
(4)
Permit any land to remain stripped of its erosion-preventing
live vegetation for a period greater than 45 consecutive days unless
said stripped land is covered with sufficient materials designed to
prevent the loss or erosion of the topsoil.
B.
In making such recommendation, the Planning Board
shall be guided by the determination of the Mayor and Council that
the proposed relocation or removal of soil shall be limited to the
amount reasonably necessary to develop the land for its intended use
without providing 100% utilization of all land.
[Amended 7-21-1997 by Ord. No. 97-652-C]
[Amended 6-14-1982 by Ord No. 371-C; 2-10-1986 by Ord. No.
430-C]
A.
Nothing contained in this chapter shall be construed
so as to require that permission be obtained under this chapter for
the following operations:
(1)
Changes in elevation or contours, removal and piling
of topsoil or the stripping of erosion-preventing live vegetation
in connection with and necessary for the construction of a building,
other structure or private driveway on any land or construction of
new or additions or alterations to subsurface sewage disposal systems.
(2)
Changes in elevations or contours of the stripping
of erosion-preventing live vegetation pursuant to and in accordance
with a major subdivision map duly approved by the Planning Board of
the Borough.
B.
The above two exceptions are subject to all the terms and provisions of Section 183-1 and Section 183-6 herein; and shall not be operative if such operation will result in a change in the natural flow or elevation of any brook, stream, pond or other watercourse.
[Amended 7-21-1997 by Ord. No. 97-652-C]
C.
No building permit shall be issued by the Construction
Official of the Borough unless the applicant signs a certification
indicating no soil relocation permit is required where the applicant
obtains such a permit. No certificate of occupancy shall be issued
by the Construction Official of the Borough until the Borough Engineer
advises the Construction Official in writing that the soil relocation
approved for the property in question is complete and conforms to
the terms of the permit.
[Added 7-21-1997 by Ord. No. 97-652-C]
No application for a permit under this chapter
shall be considered by the Mayor and Council, Planning Board, Borough
Engineer or Municipal Clerk where said application involves the relocation
or removal of soil or other material in excess of 50 cubic yards unless
the owner of the premises or the person who shall actually conduct
the operation shall first file a written application with the Clerk,
which application shall include and be accompanied by the following:
A.
A description of the lands for which the permit is
sought.
B.
The name and address of the owner.
C.
The name and address of the person who will conduct
the operation.
D.
A description, in full, of the intended operation,
including a description of the equipment to be used, where the soil
is to be relocated and the expected duration of the work
E.
A map of the premises prepared by a licensed professional
engineer or land surveyor of the state who shall certify to the accuracy
of the map. The map shall contain such designations and information
as may be required by the Borough Engineer so as to show the existing
elevations and contour lines, the proposed elevations and contour
lines and the amount of soil or other material to be transported or
the area of the land to be stripped of erosion-preventing cover.
G.
A statement shall be submitted with the application
of the source of the soil to be brought onto a property and shall
contain a certification that said soil is clean fill, as defined by
the regulations promulgated by the Department of Environmental Protection.
H.
Such other relevant information as may be required
by the Borough Engineer for a proper consideration of the application.
[Amended 7-11-1977 by Ord. No. 283-C; 2-10-1986 by Ord. No.
430-C; 8-20-1990 by Ord. No. 545-C; 2-22-1994 by Ord. No. 600-C]
A.
Upon receipt of an application under this chapter
involving the receipt/removal or relocation of less than 50 cubic
yards of soil or other material, and where no factors for consideration
require waiver, the Clerk shall issue a permit to said applicant at
the cost of $5 and thereafter notify the Mayor and Council, the Borough
Engineer and the Police Department of the issuance of said permit.
[Amended 5-19-2003 by Ord. No. 03-744-C]
B.
Upon receipt of an application under this chapter involving the removal or relocation of more than 50 cubic yards but less than 500 cubic yards of soil or other material and where no factors for consideration require waiver and deposit of the required fees as set forth in Subsection D, the Clerk shall refer said application to the Borough Engineer for his review. The Borough Engineer shall review and determine the estimated deposit required for supervision, inspection and control of such approved soil relocation. If the plan is acceptable, the Engineer shall then authorize the Borough Clerk to issue the permit upon receipt of the aforementioned deposit. The Clerk shall thereafter notify the Mayor and Council and the Police Department of the issuance of said permit.
[Amended 5-19-2003 by Ord. No. 03-744-C]
C.
Upon receipt of an application under this chapter involving the receipt/removal or relocation of more than 500 cubic yards of soil or other material or where factors for consideration require waiver and deposit of the required fees as set forth in Subsection D, the Clerk shall refer said application to the Planning Board and the Borough Engineer for review and recommendation. The Borough Engineer shall review and provide a report on the impact of the proposed soil relocation. He shall estimate the cost of supervision, inspection and control of the soil relocation and establish the amount of the required deposit.
[Amended 5-19-2003 by Ord. No. 03-744-C]
D.
Filing fees to be provided with the application are
as follows:
[Amended 5-21-2001 by Ord. No. 01-713-C]
|
Quantity
(cubic yards)
|
Fee
|
|---|---|
|
Less than 50
|
$50.00
|
|
More than 50 but less than 500
|
$250.00
|
|
More than 500
|
$400.00, plus $0.05 per cubic yard. Performance
bond as may be required by § 183-9C
|
|
For each application submitted, the Borough
Engineer shall determine the need for any escrow deposits. Required
escrow deposits will be made to the Borough prior to the start of
any soil relocation. Site plan showing soil relocation may be required
by the Borough Engineer.
|
[Amended 2-10-1986 by Ord. No. 430-C; 8-20-1990 by Ord. No.
545-C; 2-22-1994 by Ord. No. 600-C]
Upon receipt of an application under this chapter involving the removal or relocation of more than 500 cubic yards of soil or other materials, the Planning Board shall consider the application and be guided by the standards set forth in § 183-6 of this chapter and its deliberations. The Planning Board shall return the application, with recommendations, in writing, with respect thereto within 60 days after referral to it.
[Amended 2-10-1986 by Ord. No. 430-C; 8-20-1990 by Ord. No.
545-C; 7-21-1997 by Ord. No. 97-652-C; 5-21-2001 by Ord. No.
01-713-C; 9-15-2003 by Ord. No. 03-753-C; 7-21-2008 by Ord. No.
08-818-C]
The Mayor and Council and Planning Board, in considering and
reviewing any application under this chapter and in arriving at their
decisions thereon, shall be guided by and take into consideration
the public health, safety and general welfare, with particular consideration
being given to the following factors:
A.
In development of land, natural grades should be preserved wherever
possible and soil moving shall only be permitted when good and sufficient
reason appears for such soil moving.
B.
No soil moving shall be permitted to result in any increase of velocity
or change in direction of surface water runoff without such water
being appropriately managed on site so as to not adversely affect
other properties.
C.
No soil moving shall be permitted if an applicant merely proposes
to raise or lower the general level of a lot in relation to adjacent
properties.
D.
No soil moving shall be permitted for the purposes of creating new
ponds, ditches or other topographical features on a lot, except for
one or more ornamental ponds having a total (aggregate) surface area
of less than 200 square feet, unless such pond or topographical feature
is required for firefighting, drainage or storm water management purposes
and is duly approved by the Borough Engineer and/or the Planning Board
or Zoning Board of Adjustment. As a feature to such approval, the
applicant will affirmatively agree that it will be responsible for
the cleaning and complete aeration of the pond at all times.
E.
No soil moving permit shall be issued if the proposed soil moving
would have any reasonable conceivable detrimental impact upon any
person, surrounding property or municipality.
F.
All proposed structures shall be situated on a lot so as to require
the least amount of soil moving as is practical.
G.
In connection with the construction of any building requiring soil
moving, the following additional standards shall apply:
(1)
The first floor elevation shall be limited to a maximum of four feet
above the existing average ground elevation measured across the front
of the proposed structure. The existing average ground elevation shall
be measured at the front of the proposed building in increments of
10 feet from left to right. The existing average ground elevation
shall be determined from existing conditions, prior to any soil relocation
and/or tree removal operations.
(2)
Soil moving within a lot, except in areas otherwise restricted, shall
be limited to a maximum change in grade of four feet.
(3)
Retaining wall heights. Retaining wall heights in the residential
zones shall be a maximum of four feet, measured from the bottom of
the wall to the top of the wall. Tiered walls shall be defined as
a single wall if the spacing between the face of walls is less than
five feet measured on the horizontal.
(4)
No driveway shall exceed a grade of 10%.
H.
No slope created by soil moving shall be permitted to exceed a grade
which rises or falls one foot vertically for every two feet horizontally.
Slopes adjacent to a property boundary shall not exceed one foot vertically
for every five feet horizontally.
I.
Soil relocation in areas of steep slopes shall be restricted as follows:
no more than 50% of any slope between 15.0% and 24.9% shall be disturbed;
no more than 30% of any slope between 25.0% and 34.9% shall be disturbed;
and no disturbance shall be permitted in areas of slope of 35% or
greater.
J.
The removal of more than four trees having a diameter of more than
eight inches is considered stripping a part or portion of the land
of its erosion-preventing live vegetation. In this situation, the
application should be referred to the Borough Engineer, Landscape
Architect, and arborist for a written report addressing the loss of
the erosion-preventing vegetation.
[Amended 2-10-1986 by Ord. No. 430-C; 8-15-1988 by Ord. No.
512-C; 8-20-1990 by Ord. No. 545-C]
A.
The Planning Board shall conduct a hearing prior to
the issuance of its written recommendations with respect to any application
under this chapter. The date shall be set by the Planning Board for
a hearing on the application so as to permit the applicant to give
10 days' written notice of the date, place and purpose of the hearing
to owners of all property within 200 feet of the premises covered
by the application and public notice by publication in the official
newspaper.
[Amended 7-15-2002 by Ord. No. 02-736-C]
B.
Notice required by this section shall be considered
sufficient if served by certified mail or personally upon said property
owners as shown on the latest official Tax Assessment Map of the Borough.
The applicant shall file an affidavit of service, to which affidavit
shall be appended the notice, with the Secretary of the Planning Board
no later than two days before the date set for the public hearing.
C.
After the hearing, the Planning Board shall thereafter
submit its written recommendations to the Mayor and Council with respect
to any application under this chapter.
[Amended 2-22-1994 by Ord. No. 600-C]
[Amended 2-10-1986 by Ord. No. 430-C; 8-20-1990 by Ord. No.
545-C; 2-22-1994 by Ord. No. 600-C; 11-17-2003 by Ord. No. 03-756-C]
If, after examining the application and the
recommendations of the Planning Board and after considering the results
of the public hearing before the Planning Board, the Mayor and Council
shall be of the opinion that the proposed operation will not create
conditions inimical to the public health, welfare and safety and will
not result in the creation of any sharp declivities, pits or depressions,
soil erosion or fertility problems or depress land values nor create
any drainage or sewage problems or other conditions of danger, the
Mayor and Council, subject to the conditions it may attach may grant
permission to conduct the operation contemplated by the application
or may deny the application. In the event the Mayor and Council do
not accept the recommendation of the Planning Board, the Mayor and
Council shall set forth, in a resolution, the reasons it was decided
not to follow the recommendations of the Planning Board. In the event
the Mayor and Council accept the recommendations of the Planning Board,
the findings and conclusions set forth by the Planning Board may be
adopted by reference. The Municipal Clerk shall forward a copy of
the resolution, including the decision of the Mayor and Council, to
the applicant, and arrange for publication of the decision in an official
newspaper of the municipality.
A.
If a permit is issued pursuant to this chapter, the
owner of the premises or the person in charge of the operation shall:
(1)
Conduct the operation 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
to the contour lines and elevations as approved by the Mayor and Council.
(2)
Establish a time limit for the conduct of the operation
by the applicant after which the permit shall lapse and expire.
(3)
Not take away the top layer of arable soil for a depth
of six inches, but such top layer of arable soil shall be set aside
for retention on the premises when the operation contemplated by the
permit has been completed.
B.
If required by the Mayor and Council, the applicant
shall file a surety acceptable to the Mayor and Council and in such
amount as, in the opinion of the Mayor and Council, shall be sufficient
to insure the restoration of the site, including the removal of debris,
construction of proper slopes and correction of any drainage problems
created by the work undertaken pursuant to the permission granted
to the applicant under this chapter. The applicant shall, by said
surety, guarantee to repair all damage to Borough roads as the result
of the usage thereof by the applicant. The Mayor and Council may,
in its discretion, taking into consideration the extent and nature
of the operation to be carried out, require the filing of a two-year
maintenance bond, in form and with surety acceptable to the Mayor
and Council.[1]
[Amended 9-21-1987 by Ord. No. 488-C; 2-22-1994 by Ord. No.
600-C; 3-13-2006 by Ord. No. 06-787-C]
A.
Enforcement. The requirements of this section shall
be enforced by the Saddle River Engineer and/or the Construction Code
Official. If the Engineer or the Construction Code Official finds
a steep slope violation in the Borough of Saddle River without the
appropriate approval, all activities relating to and in support of
the activity in violation will cease immediately and summonses will
be issued to the property owner and the contracting company. Both
the property owner and the contracting company shall appear in the
Borough of Saddle River Municipal Court.
B.
Violation of the provisions of this chapter shall
be punishable as provided in N.J.S.A. 4:24-53.
[Added 9-17-2001 by Ord. No. 01-718-C; amended 3-13-2006 by Ord. No. 06-787-C]
The Planning Board may recommend, and the governing
body may grant, a waiver from the requirements for soil relocation
as may be reasonable and within the general purpose and intent of
this chapter, if the literal enforcement of one or more provisions
of this chapter are impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Added 3-13-2006 by Ord. No. 06-787-C]
As used in this chapter, the following terms
shall have the meanings indicated:
Any physical activity which results in removal
of vegetation, modification of topography by cutting or filling, stripping
of top soil, and/or placing of physical structures or improvements
thereon.
Any disturbance of the original grade by stripping,
cutting, filling, stockpiling, or any combination thereof.
The contour or surface of the ground.
ORIGINAL GRADE The natural contour or surface of the ground before any disturbance.
FINISHED GRADE The contour or surface of the ground at the completion of a project after any disturbance.
The following slope measurement criteria shall serve as the
basic means of identifying and categorizing steep slopes as further
regulated under this section.
VERTICAL MEASUREMENTVertical measurement shall be determined utilizing two-foot contours as documented and determined by on-site survey or the use of photogrammetric aerial topography.
HORIZONTAL MEASUREMENTHorizontal measurement shall be determined by use of an appropriate scale as required by Borough Site Plan or Subdivision Ordinance[1] measuring a minimum horizontal section 30 feet in length.
APPLICATION OF VERTICAL AND HORIZONTAL MEASUREMENTSThe vertical and horizontal measurements are utilized to determine the slope by measuring the vertical rise on the basis of two-foot contours in a thirty-foot horizontal length.
Includes slopes in excess of 15% in gradient as measured
and documented in accordance with the "slope measurement criteria"
definition.
