[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 5-22-1963.[1] Section 94-15 amended 9-8-1971 by Ord. No. 13-0-71; §§ 94-5A(9), 94-7C and 94-12 amended 12-27-1972 by Ord. No. 20-71-72; §§ 94-4A(8) and 94-5A(10), (11), (12) and (13) added 12-27-1972 by Ord. No. 20-71-72. (See Ch. 1, General Provisions). Other amendments noted where applicable.]
[1]
Editor's Note: The provisions of this ordinance were readotped 12-29-1976 by Ord. No. 10-71-76. See Ch. 98, Subdivision and Land Development, Art. XII.
[Amended 8-13-2018 by Ord. No. 5-0-18]
No developer, excavator or other person shall move or cause, allow, permit or suffer any soil exceeding 15 cubic yards from, in or upon any lot in the Borough of Wanaque, unless and until a soil permit shall first have been issued by the Mayor and Council of the Borough of Wanaque.
[Amended 8-13-2018 by Ord. No. 5-0-18]
No owner of any lot in the Borough of Wanaque shall cause, allow, permit or suffer any soil in or upon such lot exceeding 15 cubic yards to be moved by any developer, excavator or other person, until such developer, excavator or other person has first obtained a soil permit therefor.
No permit shall be required in connection with the construction, alteration, addition to or repairing of any building or buildings erected or hereafter to be erected on any lot, or the excavation, landscaping or grading incidental to the use of such building or buildings on said lot, including the installation, repair or replacement of a sanitary system used in connection therewith.
Any person, firm or corporation desiring to excavate on any lands within the limits of the Borough of Wanaque for the purpose of removing soil shall, before commencing such work, file a written application for a permit with the Clerk of the Borough of Wanaque. The procedure for applying for the issuance of a soil permit shall be as follows:
A. 
On forms prescribed and supplied by the governing body, the applicant shall set forth, in duplicate:
(1) 
The identity and location of the applicant.
(2) 
The description of the lands in question.
(3) 
The identity and location of the owner of the lands.
(4) 
The purpose or reason for moving the soil.
(5) 
The kind and estimated quantity of soil to be moved.
(6) 
In case of removal, the place to which the soil is to be removed, and the kind and estimated quantity of soil to be removed.
(7) 
The proposed date of completion of the work.
(8) 
The name and address of the person having direct charge or supervision over the soil removal operation.
(9) 
Such other pertinent data as the governing body may hereafter by resolution require.
B. 
Accompanying the application shall be a topographical map, in duplicate, prepared by a New Jersey licensed civil engineer and land surveyor, using the United States Coast and Geodetic datum, showing:
(1) 
Present contour lines, using reasonable contour intervals.
(2) 
Resulting contours upon completion of soil removal.
(3) 
Estimated quantity, in cubic yards, of soil involved in the removal operation.
(4) 
Grades of all abutting streets and lots.
(5) 
Proposed slopes and lateral supports.
(6) 
Present and proposed surface water drainage.
(7) 
Such other pertinent information as the governing body may require.
C. 
Where soil is being removed at the time this chapter is adopted, and a topographical map is required, the applicant shall have 30 days from the date of the enactment of this chapter to submit such map.
D. 
Nothing herein shall be construed as requiring an applicant to file such topographical map when 500 cubic yards or less of soil are to be removed.
E. 
Applications shall be acted upon within 30 days after the application is filed and the provisions of this chapter are observed by the applicant.
[Amended 2-11-1970]
A. 
In considering and reviewing the application and in arriving at its decision, the governing body shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Surface water drainage.
(3) 
Soil fertility.
(4) 
Lateral support of abutting streets and lands.
(5) 
Public health and safety.
(6) 
Land values and uses.
(7) 
Contours, both existing and proposed.
(8) 
Existing contours and topographical character of the land prior to the removal of any soil, and the proposed contours which will result subsequent to the removal of soil in accordance with the soil removal application.
(9) 
Whether the proposed removal of soil is necessary and incidental to the development of the property for its permitted use, or whether the proposed removal constitutes primarily a commercial activity.
(10) 
Whether the proposed removal will create or result in a nuisance.
(11) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical developments of adjacent properties and neighborhoods.
(12) 
The effect upon existing watercourses.
(13) 
The creation of sharp declivities, pits or depressions.
B. 
In the event that, after considering and reviewing the application, the resultant effect would be the creation of a lake, pond, hole, pit or similar type depression, and, further, in the event that the nature of the operation would be a wet mining operation, then and in that event, in addition to the above referred to factors, these factors alone shall be a sufficient basis for the denial of the permit.
The application and the information submitted in connection therewith shall be examined and considered by the governing body and, at the discretion of said governing body, an application may be granted or denied. When the application is filed, the applicant shall have the right to request a hearing, in which event reasonable notice in writing and in advance of the hearing shall be given. If the governing body determines to grant or issue the permit, it shall be operative and remain in force for a period of one year, and must be renewed each year thereafter.
[Amended 4-28-1965; 7-28-1965]
Along with the application, there shall be deposited with the Secretary of the Planning Board a permit fee of $50 when more than 500 cubic yards of soil are to be removed.
A. 
No permit fee shall be paid when 500 cubic yards or less of soil are to be removed.
B. 
When 500 cubic yards or more or soil are to be removed, there shall be paid to the borough, in addition to the permit fee, additional fees in accordance with the following schedule:
(1) 
On any amount of soil removed up to 100,000 cubic yards, $0.03 per cubic yard.
(2) 
On any amount of soil removed in excess of 100,000 cubic yards, up to 200,000 cubic yards, $0.02 per cubic yard.
(3) 
On any amount of soil removed in excess of 200,000 cubic yards, up to 300,000 cubic yards, $0.01 per cubic yard.
(4) 
On any amount of soil removed in excess of 300,000 cubic yards, $0.005 per cubic yard.
C. 
The charges in accordance with the schedule hereinbefore set forth shall include all engineering and other services which the borough may deem desirable or necessary to assure an orderly soil removal operation in full compliance with the provisions of this chapter. A signed copy of the delivery slip for each truckload of material removed shall be presented to the Borough Clerk on a daily basis.
D. 
The amount of said additional fees shall be determined and shall be payable to the borough quarter-annually, as follows:
(1) 
Soil removed during the first quarterly period shall be payable in advance, and shall be based upon the estimated valuation of soil to be removed during the first three months after issuance of the permit, in accordance with the map and other exhibits filed with the application and as determined and certified to by the Borough Engineer. The initial advance payment for the first quarter shall be subject to adjustment upon determination and certification of the actual volume of soil removed for said period by the Borough Engineer.
(2) 
The following quarter-annual payments shall be based upon the volume of soil removed during the previous quarterly period as determined and certified to by the Borough Engineer.
(3) 
The permittee shall, within 10 days after the end of each month within the quarter period, furnish the Borough Engineer with a certification of the quantity of soil removed during said month within the quarter period. Nothing in this provision is to be construed to mean that the certification so requested and furnished shall be determinative of or exclusive evidence of the quantity of soil removed.
(4) 
All payments after the initial quarterly payments in advance shall be due and payable within 10 days after billing by the borough. Failure to make payment in accordance with this provision will automatically revoke the permit.
E. 
In addition to determining the amount of soil removed in accordance with Subsection B, the Borough Engineer shall check contour lines and grades during the course of soil removal, contour lines and grades upon completion of the soil removal, and make such other studies with respect to the soil removal as will assist the borough to supervise the removal of soil in full conformance with the provisions of this chapter and to effectuate the purposes thereof.
[Amended 4-28-1965; 7-28-1965]
The governing body and its agents and representatives shall have the right to enter upon the lands where the soil is being or is to be removed, for the purpose of determining the correctness of the quantity of the soil to be removed and to enforce the provisions of this chapter.
In case of an application for the renewal of a permit, and if there is no substantial change in conditions existing at the time, an informal application shall be acceptable supported by an affidavit of the applicant showing no such change since the date of the issuance of the last permit.
[Amended 4-28-1965; 7-28-1965]
A. 
The removal of soil from the site of operations shall be conducted during the hours of 7:00 a.m. to 7:00 p.m. on weekdays, and during the hours of 7:00 a.m. to 12:00 noon on Saturdays, except Saturdays following a legal holiday on the Friday of the same week and Saturdays preceding a legal holiday on Sunday or Monday of the following week.
B. 
No truck or other equipment shall be permitted to enter the site from which soil is being removed prior to 6:45 a.m.
C. 
It shall be unlawful to move soil from the site of operations at any other times than specified herein, or on Sundays or legal holidays and Saturdays following a legal holiday on the Friday of the same week and on Saturdays preceding a legal holiday on Sunday or Monday of the following week.
D. 
No soil shall be removed from the site of operations in excess of 3,500 cubic yards during any one day.
Before any permit or permission for soil removal shall be granted or issued, the applicant shall file with the Borough Clerk of Wanaque a bond with surety acceptable to the governing body in form and in such amount as, in the opinion of the Mayor and Council of the Borough of Wanaque, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Council under the provisions of this chapter.
In the granting of any permits for the removal of soil, the governing body shall by resolution set such terms and conditions as it may deem necessary and proper consistent with this chapter, and in addition thereto the following regulations shall apply:
A. 
Where soil removal is permitted, no soil shall be deposited or placed without first making the following provisions:
(1) 
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 shrinkage or settlement.
(2) 
The collection and storage upon the lot of original 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 the requirement of the previous sentence 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 thereof as shall be or shall have 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, or 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.
(3) 
The preservation of existing watercourses in accordance with the plans on file.
(4) 
The planting of shrubbery and trees as may be directed by the Mayor and Council.
(5) 
At no time shall excavations be permitted to go below the final grade as established by the submission.
B. 
In the event that, in the opinion of the Borough Engineer, the project or any part thereof has been abandoned, is unnecessarily delayed or cannot be completed at the rate of progress or within the time specified in the soil removal permit, or there is a violation of § 94-12A of this chapter or any specific terms of the soil removal permit or agreement entered into between the borough and the applicant, then the Borough Engineer may so certify in writing, and the Mayor and Council may, after a hearing held on seven days' notice, declare a default and notify the person having an interest in, or in charge, to discontinue the project. The Mayor and Council may, at its option, revoke the soil removal permit or may call upon the surety to complete the project.
C. 
The Borough Engineer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He shall, from time to time, upon his own initiative, and whenever directed by the Mayor and Council, inspect the premises for which permits have been granted to insure compliance with the terms of the permit and of this chapter.
D. 
In the removal of soil, only such streets of the borough shall be used for transportation as may be designated for that purpose by the Mayor and Council. The applicant shall cause such streets to be kept free from dirt resulting from such soil removal operation.
E. 
The owner of the premises or the person in charge of the removal of the soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises, and shall be respread wherever possible over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the governing body.
[Amended 2-11-1970]
A. 
No excavation shall be made, nor soil shall be removed, under this chapter, unless a permit therefor shall have first been obtained as provided for herein; and in no event shall a permit for the removal of the same issue where such removal would result in the creation of a lake, pond or pit.
B. 
No topsoil shall be removed from the Borough of Wanaque. Subject to the limitations contained in § 94-12 herein, topsoil may be moved within the confines of the Borough of Wanaque.
The terms used in this chapter shall be deemed and construed to have the following meanings:
LOT
Any parcel of land, or portion thereof, the boundary lines of which can be ascertained by reference to maps and records either in the office of the Tax Assessor of the Borough of Wanaque or the office of the Passaic County Register of Deeds.
MOVE
To dig; to excavate; to remove; to deposit; to place; to fill; to grade, regrade, level or otherwise alter or change the location or contour; to transport; to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of soil or any other operation usually and ordinarily associated with tilling of soil for agricultural or horticultural purposes.
PERSON
Any individual, firm, association, partnership or corporation, or any group of two or more of them, or anyone acting in behalf of said "person."
SOIL
Any earth, sand, clay, loam, gravel, humus or dirt, without regard to the presence or absence therein of organic matter.
Any person who shall violate this chapter shall, upon conviction thereof, pay a fine not exceeding $500 or be imprisoned in the county jail for a term not exceeding 90 days, or both, for each offense, in the discretion of the court. Each day that a violation continues shall constitute a separate offense.