[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 12-18-2000 by Ord. No. 1319; amended in its entirety 7-1-2013 by Ord. No. 1791. Subsequent amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 354, Soil Removal, adopted 8-17-1981 by Ord. No. 801 (§ 11-5 of the 1975 Code), as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
- UNSUITABLE SOIL
- Any soil that is contaminated so that it represents a violation of groundwater quality standards, results in vapor hazards, poses threats to human health or is considered a hazardous substance or waste by state and federal law and regulation.
No person shall excavate, cause to be excavated, change or alter and/or allow the excavation, change or altering of any soil, change or alter the grade of any property within the Borough of River Edge without having first obtained a permit from the Borough Engineer or his designee.
No person shall move soil from, into or within the Borough of River Edge without having first obtained a permit approving said movement.
This chapter shall be enforced by the Borough Engineer.
Applications shall be made to the Borough Engineer or his designee and shall be accompanied by the following:
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
The grades resulting from the intended movement or redistribution of soil in relation to the topography of the premises. This information may be included in the map required by Subsection A(1).
The proposed dates for the commencement and completion of the work.
In the case of an existing one-family residential property being improved with an approved addition and/or basement, if it is demonstrated to the Borough Engineer that more than 300 cubic yards of soil require movement and there will be no change in existing topography or structural elements (such as retaining walls), the requirements of § 354-3A(1) and (2) may be relaxed by the granting of a waiver by the Borough Engineer.
In considering the application, the Borough Engineer or his designee shall be guided by the following factors:
If, after considering the above factors, the Borough Engineer or his designee determines that the proposed movement or redistribution of soil will not be detrimental to the health, safety or welfare of the Borough of River Edge or its inhabitants, he shall issue the necessary permit. Otherwise he shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within a reasonable time after the application is filed.
If the application is denied, the applicant may appeal the decision of the Borough Engineer or his designee of the Borough by filing a notice, in writing, to that effect with the Borough Clerk within 10 days after receiving notice of the decision of the Borough Engineer or his designee. The Council shall set a time and place for a hearing and shall so notify the applicant. The decision of the Council rendered after a hearing shall be final.
Silt movement or redistribution 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.
Land shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
Unless impractical, the top layer of soil to a depth of six inches shall not be removed from the premises but shall be set aside and respread over the premises when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.
Soil shall not be moved within, to or from the Borough of River Edge without having first applied for a permit in accordance with this chapter. Application shall be made to the Planning Board of the Borough of River Edge for approval to move the soil within, to or from the Borough of River Edge if the volume of the soil exceeds 300 cubic yards except in cases of an existing one-family residential property where soil removal is the result of an excavation of a basement/foundation and no change to the surrounding topography or structural elements (such as retaining walls) are proposed.
The application for soil movement shall be made at the same time the development application is being sought by the Planning Board or by the Board of Adjustment, if that Board is hearing said application.
Unsuitable soil shall only be moved in accordance with state and federal law and regulations.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each truckload of soil removed shall be considered a separate offense under this chapter.
[Added 10-20-2014 by Ord. No. 1813]
The Borough Engineer or the Superintendent of Public Works or a designee shall have the authority to enforce the provisions of Chapter 354.
The Borough Engineer or his designee shall have the authority to require approval of the installation of soil control/drainage measures, structures and or facilities.
The maintenance of all soil control/drainage measures, structures and or facilities shall be the responsibility of the property owner.
The maintenance of all soil control/drainage measures, structures and or facilities shall be in accordance with the manufacturer's recommendation and kept in good working condition.