[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:
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
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.
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.
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:
A.
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
B.
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.
A.
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.
B.
Inspection of site.
(1)
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:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage and sanitary and septic
disposal systems.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical and aesthetic development of the
Borough.
(2)
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.
C.
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.
D.
Permits for soil moving shall be issued by the Construction Official
and shall include such conditions as the Borough Engineer deems appropriate
and necessary.
A.
Application for a soil moving permit shall be filed in duplicate
with the Construction Official.
B.
The application shall include the following:
(1)
The applicant's name and address.
(2)
The description of the lands in question.
(3)
The name and address of the owner of the lands.
(4)
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.
(5)
The kind and quantity in cubic yards of soil to be moved.
(6)
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.
(7)
The proposed date of completion of the work.
(8)
The source of all soil to be moved to a lot.
(9)
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.
(10)
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:
(a)
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.
(b)
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.
(c)
The existing elevations of all buildings, structures, streets,
streams, bodies of water and watercourses, natural or artificial.
(d)
All existing surface and subsurface water drainage conditions
and provisions therefor.
(e)
All wooded areas and all trees having a diameter of six inches
or more at the base.
(f)
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.
(g)
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.
(h)
Proposed slopes and lateral supports at the limits of the area
upon completion of the soil moving operations.
(i)
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.
(j)
Accurate cross sections showing the locations and quantities
in cubic yards of soil to be moved.
(k)
A legend shall be indicated on said topographic plat, showing
sufficient symbols for existing and proposed elevations, utilities,
etc.
(l)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
Neglect to dispose of, on or before the completion date stated in
the application:
(1)
Any partially or wholly excavated boulders or other incombustible
debris resulting from the soil-moving operations, by burial or removal.
(2)
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.
D.
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.
A.
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.
B.
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.
C.
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:
A.
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
B.
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:
A.
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.
B.
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.
