[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan by Ord. No. 633-98. Amendments noted where applicable.]
The Mayor and Borough Council find that the unregulated and uncontrolled disturbance, redistribution, filling, excavation and removal of soil has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Borough to effectuate the general purpose of municipal planning.
As used in this chapter, the following terms shall have the meanings indicated:
- The layer of soil immediately beneath the topsoil and above rock.
- Material consisting solely of earth, rock, gravel, quarry process or sand. All other materials are excluded. Excluded materials include, but are not limited to, muck, peat, timber, debris, stumps and roots of trees, demolished structures, construction or any other refuse. Further, no such excluded material shall have been reprocessed so as to conform to the definition of fill herein provided.
- To dig; to excavate; to remove; to import; to export; to deposit; to place; to dump; to fill; to backfill; to deliver; to grade, regrade or level; to rough grade or fine grade; to level, relocate or otherwise alter or change the location or contour; to transport; to supply; to extract or to shift the location of tree stumps. This term shall not be constructed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
- Soft silt or clay, high in organic content, which is usually found in swampy areas.
- Soil composed principally of partially decomposed vegetable matter.
- Any change or alteration in the grade of any property.
- Stones and rocks, but not boulders which for the purposes of this chapter are detached and rounded or worn pieces of rock or stone, the greatest side of which is no less than six inches.
- Any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.
- Soil that in its natural state constitutes the top layer of earth on any land in the Borough and is composed of 2% or more, by weight, of organic matter, and having the ability to support vegetation.
No person, company, firm, corporation or entity shall excavate, remove or move, or cause, allow, permit or suffer to be removed or moved, any soil from, onto, in or upon any lot or right-of-way in the Borough unless and until a permit therefor shall have been first obtained as provided herein. This section shall apply only to the disturbance, excavation or distribution of soil or fill when the disturbance, excavation or redistribution of soil or fill exceeds 100 cubic yards of such soil or fill, or when the said disturbance, excavation or redistribution results in a change in the lot contours of greater than three inches. This section shall also apply to any development or improvement that results in an increase in impervious area of 150 square feet or more on an individual tax lot. Stormwater retention facilities (i.e., seepage pits or other devices) shall be required for any development or improvement that results in an increase in impervious area of 150 square feet or more.
[Amended 10-1-2012 by Ord. No. 1051-12]
In addition to the soil movement permit required from the Borough, additional permits or approvals may be required, including but not limited to, approval from the Bergen County Soil Conservation District, and freshwater wetlands and stream encroachment approvals from the New Jersey Department of Environmental Protection.
The applicant shall provide notice to all owners of property adjoining the property for which a soil permit is sought by sending such property owners notice of the application which specifically describes the soil movement activity and advises that the application will be forwarded to the Borough Engineer for report to the Mayor and Council within 15 days of the submission of the application. Such notice shall be sent by certified mail within three business days of the applicant's submission of the soil moving permit application.
The Borough shall have first option to receive any soil removed from a site or building lot at no cost to the Borough and to designate the placement of the soil within the Borough.
[Added 5-7-2001 by Ord. No. 756-01]
[Amended 5-7-2001 by Ord. No. 756-01]
Applications shall be made on a form to be obtained from the Borough Clerk and said application shall require the following:
The name and address of the owner of the land.
Lot and block numbers of the lands as shown on the current Tax Map of the Borough.
A plot plan prepared by a professional engineer licensed to practice in the State of New Jersey showing the following:
Present contour lines and the proposed future contour lines resulting from the intended disturbance, excavation or redistribution of soil or fill.
The grades resulting from the intended disturbance, excavation or redistribution of soil or fill in relation to the topography of the premises.
The existing elevations on adjoining properties measured at a point 25 feet from the property lines of the property that is the subject of the application or as otherwise directed by the Borough Engineer.
Present and proposed cross sections in a form acceptable to the Borough Engineer to verify the quantities of soil to be moved.
Within the area of proposed disturbance, every living deciduous or coniferous tree which has attained a height of at least 25 feet or a diameter measured at a point on the tree four feet above the ground of at least eight inches.
The location of any existing and proposed structures and swimming pools, if any.
The location of any existing and proposed basements of structures and dry wells, if any.
Soil erosion and sediment control details in accordance with the "Standards for Soil Erosion and Sediment Control in New Jersey."
The proposed location for soil or fill to be stored on the property during construction, if any. When a soil moving permit is required in accordance with Subsection A of § 205-3 of this chapter, the Borough Engineer may waive one or more of the plot plan requirements set forth in Subsection C of this § 205-4, provided that the soil moving permit is for less than 250 cubic yards, and provided further that the Borough Engineer deems that such requirements to be waived are not necessary for the protection of the public health, safety and general welfare based on the considerations set forth in Subsection A of § 205-5.
The proposed dates of the commencement and completion of the work.
If the property was the subject of a development application before the Borough Planning Board or Board of Adjustment, a copy of the approved site plan.
Reason for removing or adding the soil or fill.
Type and quantity of soil or fill to be removed or added.
An engineer's estimate of the cost of the work to be performed.
A detailed statement explaining soil stabilization techniques to be provided such as stabilization with haybales, swales, berms, walls and/or revegetation.
Present and proposed surface water drainage and the means of control of same.
A map of the routes to be used by the vehicles in delivering and removing equipment and material to and from the site, in importing and/or exporting soil, and in accessing or leaving the site before export and after import operations, including all streets and roads within the Borough to be used in conjunction with soil movement operations.
A list of all prior soil movement activities, if any, including dates of applications, detailed description of soil movement activity, and disposition of applications.
Such other pertinent data as the Borough Engineer may deem necessary.
The written application made to the Borough Clerk shall be sent to the Borough Engineer for review and recommendation to the Mayor and Council within 15 days. In considering and reviewing the application, the Borough Engineer shall be guided by, and take into consideration, the public health, safety and general welfare, and particular consideration shall be given to the following:
Soil erosion by water and wind.
Drainage including the construction of drainage structures, i.e., catch basins, pipes, seepage pits, etc., to mitigate adverse impacts upon neighboring property owners.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Impact on floodplain areas, if any.
Preservation of trees.
Consistency with an approved site plan for the property, if any.
Any other factors relevant to the coordinated, adjusted and harmonious development of the Borough.
If after considering the above factors the Borough Engineer determines that the proposed disturbance, removal or redistribution of soil or fill will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits of depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, he shall recommend the approval of the application. The Mayor and Council shall thereafter act on such application within 30 days of receipt of the written report of the Borough Engineer. In accordance with the standards above, no soil disturbance application will be approved unless the disturbance of the soil is to be done as a part of a plan to properly develop the lands of the application.
Upon approval of the application by the Mayor and Council, payment of the fees and filing of the bond required by this chapter, the Borough Clerk shall issue a soil disturbance permit. Notice of the grant or denial of the application shall be given to the applicant within 45 days after the application is filed.
In those instances where the Borough Engineer feels it is appropriate, he may refer any application for soil movement to the Planning Board for review and approval.
[Amended 2-19-2002 by Ord. No. 773-02]
No person, company, firm, corporation or entity shall import fill material in quantities of 50 cubic yards or more (for the entire project) to any site within the Borough without first having filed a registration and disclosure statement with the Borough Engineer, which shall contain the following information:
Identity of the source property of the fill material to be imported.
Full name and address of the owner of the source property of the fill material to be imported.
Certification that the fill material is free from contamination and information and documentation to support the certification including such reports or sampling results deemed necessary by the Borough Engineer to support said certification.
Basis and/or reasons the fill material became available (i.e., pipeline excavation or tank removal excavation) and whether the source property is contaminated or suspected of being contaminated with hazardous substances or hazardous wastes.
Nature, kind and composition of the fill material to be imported, including any reports or sampling results conducted on the fill material or material located in the area from which the fill material is obtained.
Quantity of fill material to be imported.
Full name and address of the contract hauler of the fill material.
Location of the property within the Borough on which the fill material is to be deposited, and the full name and address of the owner of said property.
Such other information and data deemed necessary by the Borough Engineer.
The Borough Engineer shall review all registration and disclosure statements. If, in the opinion of the Borough Engineer, following a physical examination and/or sampling and analysis of the fill material, the presence of fill material is harmful, dangerous, toxic or hazardous to the public, the Borough Engineer shall so notify the owner of the property where the fill material is being deposited, and all fill material importation activities shall cease immediately, and any fill material already imported shall be removed in accordance with the directions of the Borough Engineer. In determining whether fill material is harmful, dangerous, toxic or hazardous to the public, the Borough Engineer shall rely on standards established by the New Jersey Department of Environmental Protection. The number and types of samples required to be collected and analyzed in order to assess the fill material shall be at the sole discretion of the Borough Engineer based upon a review of all information in the registration and disclosure statement. Upon such notification, the owner shall establish an escrow deposit with the Borough in an amount deemed sufficient by the Borough Engineer to cover the estimated costs of the physical examination and/or sampling and analysis.
At the time of application for the soil disturbance permit, the fee to be paid by the applicant shall be computed at the rate of $0.10 per cubic yard, multiplied by the number of cubic yards to be disturbed as stated in the application and certified on the topographical map. In addition, the applicant shall be required to pay any and all costs incurred by the Borough for engineering surveys and reports, inspection fees and legal fees.
The minimum fee for the grant of a soil disturbance permit shall be $175.
[Amended 5-17-2004 by Ord. No. 850-04]
In the event of denial of the soil disturbance application, the fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Borough for engineering surveys and reports, inspection fees and legal fees shall be retained, and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Borough in the processing of the application.
In addition to the application fee and in addition to any escrow deposits for professional fees required by the Borough under the provisions of Chapter 45 of the Code of the Borough of Old Tappan, the applicant shall pay the fees as set forth herein below as an initial deposit toward reasonably anticipated Borough expenses for professional services and costs. The initial escrow deposits for engineering and legal fees to be paid by the applicant shall be as follows:
[Amended 10-1-2012 by Ord. No. 1051-12]
For proposed new dwellings, including lots where an existing home has been or is to be razed, and/or additions to dwellings where the additional footprint exceeds 50% of the original building footprints: $500.
For all other applications: $300.
In the event the initial escrow deposit is exhausted, the applicant shall post an additional escrow deposit in an amount as determined by the Borough Engineer based on the Borough Engineer’s estimate of additional professional fees to be incurred.
Before any permit for soil removal shall be granted or issued, the owner or applicant shall file with the Mayor and Council a bond in form and with surety acceptable to the Borough and 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 the Mayor and Council pursuant to the provisions of this chapter. All bonds shall conditioned as follows:
That the permittee will complete the work authorized by the permit in conformance with the terms of the permit and the provisions of this chapter on or before the date of completion set forth in the application.
That the permittee will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.
Disturbance, excavation or redisturbance of soil or fill conducted under a permit issued under this chapter shall be in accordance with the following regulations:
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
Lands shall be graded so as to conform the approved contour lines and grades and shall be cleared of debris.
The top layer of soil, to a depth of six inches, shall not be removed from the premises without the prior written approval of the Borough Engineer, but shall be set aside and respread over the premises and stabilized with seeding and planting when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing of soil on surrounding lands, streets or Borough facilities.
All of the work described in this chapter shall be performed between the hours of 7:00 a.m. and 5:00 p.m. on any working day.
No soil movement shall be allowed which shall cause damage to adjacent properties.
The provisions of this chapter shall be enforced by the Borough Engineer.
[Amended 5-7-2001 by Ord. No. 756-01]
Failure to obtain the permit required hereunder, failure to complete the work in accordance with the plans or the conditions of approval, or within the time specified for completion, or other violations of this chapter shall be punishable in accordance with the provisions of Article III, General Penalty, of Chapter 1, General Provisions, of the Code of the Borough of Old Tappan. Each and every day in which a violation exists shall constitute a separate violation.
In addition to the foregoing, upon conviction of a violation of the provisions of § 205-6 hereof pertaining to soil importation, the maximum penalty shall be one or more of the following: a fine not exceeding $5,000 for each and every offense or imprisonment in the county jail for not more than 90 days. Each and every day in which a violation exists shall constitute a separate violation.