[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.
A.
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]
B.
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.
C.
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.
D.
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; 9-19-2022 by Ord. No. 1221-22]
Applications shall be made on a form to be obtained from the
Building Department and said application shall require the following:
A.
The name and address of the owner of the land.
B.
Lot and block numbers of the lands as shown on the current Tax Map
of the Borough.
C.
A plot plan prepared by a professional engineer licensed to practice
in the State of New Jersey showing the following:
(1)
Present contour lines and the proposed future contour lines resulting
from the intended disturbance, excavation or redistribution of soil
or fill.
(2)
The grades resulting from the intended disturbance, excavation or
redistribution of soil or fill in relation to the topography of the
premises.
(3)
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.
(4)
Present and proposed cross sections in a form acceptable to the Borough
Engineer to verify the quantities of soil to be moved.
(5)
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.
(6)
The location of any existing and proposed structures and swimming
pools, if any.
(7)
The location of any existing and proposed basements of structures
and dry wells, if any.
(8)
Soil erosion and sediment control details in accordance with the
"Standards for Soil Erosion and Sediment Control in New Jersey."
(9)
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.
D.
The proposed dates of the commencement and completion of the work.
E.
If the property was the subject of a development application before
the Borough Planning Board, a copy of the approved site plan.
F.
Reason for removing or adding the soil or fill.
G.
Type and quantity of soil or fill to be removed or added.
H.
A detailed statement explaining soil stabilization techniques to
be provided such as stabilization with haybales, swales, berms, walls
and/or revegetation.
I.
Present and proposed surface water drainage and the means of control
of same.
L.
A list of all prior soil movement activities, if any, including dates
of applications, detailed description of soil movement activity, and
disposition of applications.
N.
Such other pertinent data as the Borough Engineer may deem necessary.
[Amended 2-19-2002 by Ord. No. 773-02; 9-19-2022 by Ord. No. 1221-22
A.
The written application made to the Building Department shall be
sent to the Borough Engineer for review and recommendation 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:
(1)
Soil erosion by water and wind.
(2)
Drainage including the construction of drainage structures, i.e.,
catch basins, pipes, seepage pits, etc., to mitigate adverse impacts
upon neighboring property owners.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets and lands.
(5)
Land values and uses.
(6)
Impact on floodplain areas, if any.
(7)
Preservation of trees.
(8)
Consistency with an approved site plan for the property, if any.
(9)
Any other factors relevant to the coordinated, adjusted, and harmonious
development of the Borough.
B.
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
Building Department 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.
C.
Upon approval of the application by the Construction Official, payment
of the fees and filing of the bond required by this chapter, the Building
Department 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.
D.
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.
A.
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:
(1)
Identity of the source property of the fill material
to be imported.
(2)
Full name and address of the owner of the source property
of the fill material to be imported.
(3)
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.
(4)
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.
(5)
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.
(6)
Quantity of fill material to be imported.
(7)
Full name and address of the contract hauler of the
fill material.
(8)
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.
(9)
Such other information and data deemed necessary by
the Borough Engineer.
B.
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.
A.
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.
B.
The minimum fee for the grant of a soil disturbance
permit shall be $175.
[Amended 5-17-2004 by Ord. No. 850-04]
C.
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.
D.
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]
(1)
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.
(2)
For
all other applications: $300.
(3)
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:
A.
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.
B.
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:
A.
Operations shall be conducted so that there shall
be no sharp declivities, pits or depressions.
B.
Lands shall be graded so as to conform the approved
contour lines and grades and shall be cleared of debris.
C.
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.
D.
Adequate measures shall be taken to prevent erosion
or the depositing of soil on surrounding lands, streets or Borough
facilities.
E.
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.
F.
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]
A.
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.
B.
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.
