[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 12-9-1963; amended in its entirety 2-9-2016 by Ord. No. 2016-003. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any parcel of land or portion thereof within the Borough of Park Ridge, the boundary lines of which can be ascertained by reference to maps and records, or either, in the office of the Borough Tax Assessor or in the office of the Bergen County Clerk; or
- B. Any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor or the County Clerk.
- MAJOR SOIL MOVING PERMIT
- A permit allowing the movement of 300 cubic yards or more of soil or a permit for the movement of less than 300 cubic yards of soil where the Borough Engineer has determined that the movement of soil may result in an adverse impact on the subject lot, Borough roadways or adjacent or nearby properties.
- MINOR SOIL MOVING PERMIT
- A permit allowing the movement of less than 300 cubic yards but more than 50 cubic yards of soil.
- To dig; to excavate; to remove; to deposit; to import; to export; to place; to fill; to grade, regrade, level or otherwise alter or change the location or contour; to transport; to supply; provided, however, that nothing in this chapter shall be construed 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.
- Any person seized in fee simple of any lot or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.
- 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 and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation.
The Mayor and Council hereby find and determine that:
Unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale has resulted or will result in conditions detrimental to public safety, health and general welfare, substantially hampering and deterring the efforts of the Borough to effectuate the general purpose of municipal planning; and
Continuation of the unregulated and uncontrolled relocation, filling, excavation and removal of soil will result in serious and irreparable damage to the public health and welfare by reason of consequent erosion by water and wind; inadequate and improper surface water drainage; interruption of septic and sanitary disposal systems; decrease in or destruction of the fertility of soil; removal of lateral support of abutting streets, lands and premises; creation of dangerous depressions or pits; creation of dust storms and mosquito breeding places; deterioration of property values; rendering of lands unfit or unsuitable for their most appropriate uses; and creation of other factors and elements hampering and deterring the coordinated, adjusted and harmonious physical and aesthetic development of the Borough.
No owner person shall cause, allow, permit or suffer any soil in excess of 50 cubic yards in and upon such lot to be moved unless and until such person has first obtained a soil permit therefor as in accordance with the provisions of this chapter. This section shall include the importing and exporting of soil on any lot in the Borough.
Applications for soil moving permits shall be filed with the Construction Official. The Construction Official shall determine whether an application requires a major soil moving permit or a minor soil moving permit. The Construction Code Official shall obtain the written approval of the Borough Engineer for all major soil moving permit applications before issuance.
Inspection of site.
Prior to the review of an application for a major soil moving permit, the Borough Engineer shall make an inspection of the site from which, to which or upon which the soil is to be moved and shall make such engineering studies as may be required to determine the effect of the movement of soil at the location as it relates to:
Soil erosion by water and wind.
Surface and subsurface water drainage and sanitary and septic disposal systems.
Lateral support of abutting streets and lands.
Public health and safety.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical and aesthetic development of the Borough.
The Borough Engineer shall also inspect the aforesaid site to determine whether stakes should be placed on each corner thereof and whether grade stakes should be placed at the existing elevation points designated on the topographical map.
Upon completion of all inspections, the Borough Engineer shall make a report of such inspection and studies to the Construction Code Official, which report shall include such conditions that the Borough Engineer deems should be included in any soil moving permit.
Permits for soil moving shall be issued by the Construction Official and shall include such conditions as the Borough Engineer deems appropriate and necessary.
Application for a soil moving permit shall be filed in duplicate with the Construction Official.
The application shall include the following:
The applicant's name and address.
The description of the lands in question.
The name and address of the owner of the lands.
The purpose or reason for moving the soil and whether it will be done in connection with an application to the Planning Board or Zoning Board of Adjustment and, if so, the filing date of the application.
The kind and quantity in cubic yards of soil to be moved.
In case of removal, the place to which the soil is to be removed, the proposed route of the vehicles within the Borough along which said soil is to be transported and the kind and quantity of soil to be removed.
The proposed date of completion of the work.
The source of all soil to be moved to a lot.
The routes to be taken for the movement of all vehicles transporting soil to and from the lot, together with the size of the trucks to be used to transport soil.
An application for a major soil moving permit shall be accompanied by an original, together with one copy of a topographical map of the lot upon which the proposed soil moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of said lot. The map shall be prepared and certified by a licensed professional engineer or a licensed surveyor, at a scale of not less than one inch to 40 feet, and shall be keyed to the United States Coast and Geodetic Survey datum when NJDEP so requires. Said map shall, both as to the lot and all surrounding land, show the following:
The dimensions of the lot, and the lot and block numbers of the lot and of each lot in the surrounding lands as shown on the Tax Assessment Map of the Borough.
The existing elevations of all lands, to be shown at five-foot contour intervals for slopes in excess of 10% and at two-foot contour intervals for lands of lesser slope.
The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial.
All existing surface and subsurface water drainage conditions and provisions therefor.
All wooded areas and all trees having a diameter of six inches or more at the base.
The limits of the area or areas within the lot or lots in question within which the soil moving operations are to be conducted, and the existing elevations of said limits at intervals of not more than 100 feet.
The proposed final elevations at each point where existing elevations shown on said map are to be changed as a result of completion of the proposed work.
Proposed slopes and lateral supports at the limits of the area upon completion of the soil moving operations.
Proposed provisions and facilities for surface water drainage and, where applicable, channels of any streams, bodies of water and watercourses, natural or artificial, including detailed cross sections showing proposed channel widths, bank slopes and method of erosion control thereof.
Accurate cross sections showing the locations and quantities in cubic yards of soil to be moved.
A legend shall be indicated on said topographic plat, showing sufficient symbols for existing and proposed elevations, utilities, etc.
Such other pertinent data as the Construction Official or Borough Engineer may require.
The application described in § 84-5 shall be signed by the applicant. It shall also be endorsed by the owner or owners of the land, signifying that the owners approve of the application, consent to have the applicant perform the soil movement and that the applicant and owners agree, that in the event of the failure of the applicant to complete all work, to cause the proposed work to be completed or otherwise terminated in accordance with the purposes and objectives of this chapter.
The Planning Board is hereby designated as the referral agency for any appeal of a determination of the Construction Code Official or Borough Engineer in relation to a major soil moving permit under this chapter. In the event an applicant wishes to appeal the determination of the Construction Code Official or Borough Engineer, the applicant, upon notice of said determination, may file an appeal to the Planning Board by filing an application with the Secretary of the Planning Board on such forms as are prescribed and supplied by the Planning Board. The appeal shall consist of all materials required for an application. The applicant shall file one original and 12 copies of all application materials. Should the applicant have a pending application for development scheduled to be heard before the Zoning Board of Adjustment, said Board shall be authorized to review any appeal. Within 60 days after receipt of an appeal the Planning Board, or Zoning Board of Adjustment if applicable, shall complete its review and consideration of the appeal and render its decision in writing to the Construction Official who shall grant or refuse the permit in accordance with the decision.
An applicant filing an appeal shall be entitled to request a public hearing in front of the Board hearing the applicant's appeal. In the event a public hearing is requested, the applicant shall provide notice to the owners of all properties within 200 feet of the perimeter of the lot that is the subject of the appeal.
The fee for a permit under this chapter shall accompany the application. Such fee shall be computed at the rate of $0.25 per cubic yard multiplied by the number of cubic yards to be removed, as stated in the application and certified on the topographic map. In no event shall the permit fee be less than $75 for one- and two-family applications nor more than $1,000 for all other applications.
In addition to the fee set forth in Subsection A above, each applicant for a soil removal permit shall pay an additional fee of $200 to the Land Use Office of the Borough of Park Ridge, except that where the soil is to be removed from lands zoned residential, the fee provided in this Subsection B shall be $100.
In the event the permit is refused, the fee paid by the applicant pursuant to Subsection A hereof shall be refunded to him after deducting all expenses and costs incurred by the Borough for engineering surveys and reports, inspection fees and legal fees in processing the application for a soil permit. Said refund shall be accompanied by a statement of the said costs and expenses incurred by the Borough.
All soil moving permits shall be in such form as may be prescribed by the Construction Official. Any soil moving permit shall be dated as of the date it is actually issued, and the term of said permit shall not exceed one year. All permits shall automatically expire on the termination date unless an application for renewal has been made and approved in writing by the Construction Official.
In the event the Borough Engineer or the Planning Board, or the Zoning Board of Adjustment on an appeal, if applicable, recommends approval of the soil removal application, the Construction Official shall forthwith give notice to the applicant of the approval and of the amount of the performance bond or cash deposit required. If the applicant fails to post the required performance bond or cash deposit within 60 days of the notice, then the permit shall be automatically rescinded.
The soil moving permit shall not be issued unless the applicant posts with the Borough a cash deposit or performance bond in form and with surety acceptable to the Borough, in the amount the Borough Engineer (or Planning Board or Zoning Board of Adjustment, if applicable) determines, conditioned upon full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the soil permit issued to the principal. In addition, the cash deposit or bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street or streets damaged by the transportation of soil in connection with the application if, in the judgment of the Planning Board, or the Zoning Board of Adjustment, if applicable, such repairs are necessary. The term "expense," as used in this subsection, shall include the cost of supervision by the Borough Engineer in connection with such repairs.
The amount of bond or cash deposit shall be determined at the rate of not less than $0.10 per cubic yard and not in excess of $0.50 per cubic yard of the amount of soil to be moved; provided, however, that in no event shall said bond or deposit be less than the principal amount of $2,000. In ascertaining the rate upon which to compute the amount of the deposit or of the bond, the Borough Engineer, or the Planning Board, or the Zoning Board of Adjustment, if applicable, shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil, the extent of the area over which the soil-moving operations are to be conducted, the extent and depth of the various cuts and fills, the extent to which the area of operations is wooded, the proximity of the proposed operations to streets, buildings, structures, natural or artificial streams or watercourses and general drainage conditions.
Applications for the amendment to a major soil moving permit shall not be accepted by the Construction Official without the written consent of the surety on the bond approving said application for amendment or alteration and consenting to extension of the bond coverage thereto.
Application for the release of any bond posted in accordance with the terms of this chapter or a resolution of the Planning Board, or the Zoning Board of Adjustment, if applicable, shall be accompanied by an affidavit stating that the soil-moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board, or the Zoning Board of Adjustment, if applicable. The affidavit shall be executed by a licensed professional or civil engineer of the State of New Jersey.
The holder of a permit issued under this chapter shall not:
Conduct or maintain on the premises any sand, gravel or similar kind of pit; any sand or gravel washing or screening machinery or equipment; any business or industry not permitted in the district in which said premises are located and classified by Chapter 101, Zoning; or any endeavor or enterprise other than the grading of said premises in accordance with the provision of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading.
Conduct or maintain any soil moving operations without having first made adequate provision to control dust incidental to the use of vehicles, machinery and equipment on the lands described in the soil permit.
Neglect to dispose of, on or before the completion date stated in the application:
Any partially or wholly excavated boulders or other incombustible debris resulting from the soil-moving operations, by burial or removal.
Any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil-moving operations, by combustion or removal from the premises.
Conduct any soil-moving operations beyond the expiration date as set forth in the soil permit or extended expiration date as may duly be granted by the Construction Official.
Whenever any person shall move topsoil in or upon any lot, provisions shall be made for the storage of the topsoil within the boundary line of said lot, unless specific permission to the contrary has been granted by the Borough Engineer, Planning Board, or the Zoning Board of Adjustment, if applicable.
Except as hereinafter otherwise provided in this section, all of the topsoil so stored shall be uniformly replaced on or before the completion date set forth in the soil permit, so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.
No person shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever unless and until topsoil not inferior in quality to that to be removed shall first have been replaced uniformly to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway. In no event shall the person remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.
No person shall, at any time in the course of the work, dig or excavate more than six inches below the proposed final grades shown on the topographical map unless:
The soil permit specifies otherwise and the performance bond makes specific provision for replacement, on or before the completion date set forth in the soil permit, of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map; or
After issuance of the soil permit, the person, before digging or excavating below said minimum level, applies to the Construction Official or the Planning Board, or the Zoning Board of Adjustment, if applicable, and is granted an amendment of the application and topographical map then in effect, which amendment may be granted upon such terms as the Construction Official deems necessary to assure adherence to the purpose and objectives of this chapter.
No person shall deposit soil upon, fill in or raise the grade of any lot without making provision for:
The use in said work of soil or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement.
The collection and storage upon the lot of the original topsoil so that said topsoil shall not be buried beneath soil or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such portions that are or shall become permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map.
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands pursuant to any government-sponsored soil conservation program.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands for which an application has been filed and upon which soil-moving operations are to be conducted, to examine and inspect such lands.
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.