This chapter shall be known as the "Soil Ordinance
of the Township of Bloomfield."
As used in this chapter, the following terms
shall have the meanings indicated:
EXCAVATOR
Any person who, within any period of 12 months, shall move
more than 300 cubic yards of soil on any lot.
LOT
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps or records in
the office of the Township Tax Assessor or in the office of the Essex
County Register.
MAJOR SOIL PERMIT
Any permit for the moving of soil which does not meet the
definition of a minor soil permit.
MINOR SOIL PERMIT
A permit for the moving of less than 100 cubic yards of soil,
proposing no retaining wall in excess of two feet in height at any
point, and requiring no exception from the requirements of this chapter.
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour, transport
or supply; provided, however, that nothing in this definition shall
be construed to apply to:
A.
Digging, excavating and removing of soil from
a lot which is to be displaced by a building foundation, swimming
pool or other structure pursuant to a validly issued building permit.
B.
Backfilling of foundations and other structures.
C.
Plowing, spading, cultivation, harrowing or
disking of soil or any other operation usually and ordinarily associated
with the tilling of soil for agricultural or horticultural purposes.
OWNER
Any person having title to any lot or having such other interest
or estate therein as will permit exercise of effective possession
thereof or dominion thereover.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt
without regard to the presence or absence therein of organic matter.
TOPSOIL
Any 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 Township Council does hereby find and declare
that:
A. Unregulated and uncontrolled relocation, filling,
excavation and removal of soil on a large scale by developers and
excavators in and upon lands in the Township has resulted in conditions
detrimental to the public health, safety and general welfare, substantially
hampering and deterring the efforts of the Township to effectuate
the general purpose of municipal planning.
B. Continuation of the unregulated and uncontrolled relocation,
filling, excavation and removal of soil will result in serious and
irreparable damage to the public welfare by reason of consequent soil
erosion by water and wind; inadequate and improper surface water drainage;
a decrease in or destruction of the fertility of the soil; removal
of lateral support of abutting streets, lands and premises; creation
of dust storms and places for mosquito breeding; creation of dangerous
depressions or pits; deterioration of property values; rendering of
lands unfit or unsuitable for their most appropriate use; and creation
of other factors and elements hampering and deterring the coordinated,
adjusted and harmonious development of the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An application for a soil permit shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in §
484-8. Application shall be made in duplicate, on forms prescribed by the Township and supplied by the Township Engineer. The application shall set forth the following:
A. The identity and location of the applicant.
B. The description and location of the lands in question,
including metes and bounds.
C. The identity and location of the owner of the lands.
D. The purpose or reason for moving the soil.
E. The kind and quantity, in cubic yards, of soil to
be moved.
F. In case of removal, the place to which the soil is
to be removed and the kind and quantity of soil to be removed.
G. The proposed date of completion of the work.
H. The anticipated cost of the proposed soil moving and
any method of retention.
I. A declaration as to whether the applicant seeks a
major soil permit or minor soil permit.
J. In the event that the applicant seeks exceptions pursuant to §
484-14, the applicant shall set forth the exceptions so sought. In addition, the applicant shall attach to the application a written statement setting forth the reason for the seeking of each such exception.
K. Such other pertinent data as the Township may require.
The application for a soil permit shall be accompanied
by the following:
A. In the case of a minor soil permit, three copies of
a topographical map of the lot in question. In the case of a major
soil permit, nine copies of a topographical map of the lot in question.
Said map shall be prepared and certified and sealed by a licensed
professional engineer. The map shall be prepared at a scale not to
exceed 30 feet to the inch if the property in question consists of
more than one acre and shall not exceed 20 feet to the inch if the
property consists of one acre or fewer. The topographical map shall
include the following:
(1) The present grades at two-foot intervals and the present
elevations at the corners of the lot.
(2) The proposed grades at two-foot intervals and proposed
elevations at the corners of the lot and corners of proposed buildings,
using a designation different than those used for the present grades.
(3) The grades and elevation of all streets, curbs, manholes,
inverts and other appurtenances not underground within 50 feet of
the lot.
(4) All easements and utility lines on the lot, including
the elevations of manholes, inverts and other appurtenances not underground.
(5) The present grades at two-foot intervals of all adjacent
properties to a distance of at least 15 feet from the lot in question,
including the location of any structures within such 15 feet.
(6) The location and size of proposed structures, with
first floor and basement elevations of all proposed buildings.
(7) The quantity of fill for which the soil permit is
sought, together with the calculations used to arrive at such determination
of quantity. The quantity shall be calculated by accepted earthmoving
computations, such as the end area method. The quantity of soil to
be moved shall be certified as accurate by a licensed professional
engineer or licensed land surveyor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8) Details of retaining walls and other structures proposed
for support of soil, together with elevations of proposed grade above
and below any retaining wall and at the top of the wall. Such retaining
walls shall be of a design approved by the Township Engineer.
(9) The elevations of proposed driveways and walkways.
(10)
The location, elevation and detail of swales
and other means for the disposition of surface water.
(11)
A notation as to the method of restoration of
disturbed areas and the method and ground cover to be used for stabilization
of slopes created by the soil moving.
(12)
All elevation shall be computed based on United
States Coast and Geodetic Survey datum.
B. In the case of a minor soil permit, three copies of
a topographical profile of the lot in question. In the case of a major
soil permit, nine copies of a topographical profile of the lot in
question. Such profile shall be prepared and certified and sealed
by a licensed professional engineer. The drawing shall be prepared
at a scale of not more than 20 feet to the inch. At least three sections
shall be provided, one each at the property side line and one through
the middle of the property. Additional sections shall be provided
in the event that the required sections are more than 50 feet apart.
The Township may require yet additional sections if, in its determination
or that of its agents, the drawings are inadequate to show the effect
of the soil moving. The cross sections shall contain the following
information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) The location and size of existing and proposed structures,
including elevations. With reference to buildings, the basement elevation
and first-floor elevation shall be shown, but otherwise it shall not
be necessary to show any portion of the building five feet above the
higher of the proposed or existing grade.
(2) The existing grade from the front property line to
the rear.
(3) The proposed grade from the front property line to
the rear.
(4) Any proposed cut shall be shown as a shaded area,
and the area of the proposed fill shall be shaded by diagonal lines.
C. A set of colored photographs of the property in question.
The following photographs shall be required: one taken from the center
line of the street toward the center of the frontage of the property
in question; one from each corner or jog in the boundary line of the
perimeter of the property taken toward the center of the property.
Each such photograph shall be eight inches by 10 inches and shall
be numbered and dated. Along with the photographs, the applicant shall
submit a map of the property, drawn to scale, showing the number of
the photograph taken at each location, each such location and providing
a directional arrow for the direction in which the photograph was
taken.
D. On any application in which there is a retaining wall
proposed of any height, the applicant shall submit an unqualified
certification from a licensed professional engineer that the retaining
wall proposed, and its design, is adequate and appropriate to retain
the soil proposed to be retained and for the purposes intended as
shown on the plan.
F. In the case of a minor soil permit, three copies of a tree inventory map, and tree removal plan as required by Chapter
535, Trees. In the case of a major soil permit, nine copies of a tree inventory map and tree removal plan as required by Chapter
535, Trees. Said map shall be prepared by and certified and sealed by a licensed professional engineer. The tree inventory map shall show each tree on the property in question which is four inches in caliper or greater, measured at a height of three feet above the ground, and shall depict the species and size of each such tree. The tree removal plan shall be submitted and reviewed in accordance with Chapter
535.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township Clerk shall forward all applications for minor soil permits and major soil permits to the Township Engineer. The Township Engineer shall inspect the property prior to any soil moving and submit a written report to the Township Engineer regarding their review of the application within 30 days after the filling of the application, together with their recommendation for the amount of the performance guarantee required by this Chapter
484, §
484-15. Upon receipt of the Township Engineer's report, the Township Engineer shall schedule a hearing date before the Planning Board and forward a copy of the application for the major soil permit, together with all submissions made at the time of application and required by the Township Engineer, to the members of the Township Planning Board.
Notwithstanding anything contained in this chapter
to the contrary, in determining whether an applicant is eligible for
a minor soil permit or must apply for a major soil permit, the total
amount of soil that an applicant has applied to remove within a three-year
period will be used, and when an applicant requests that they be permitted
to remove any amount of soil that will result in their having applied
to remove a cumulative total in excess of 100 cubic yards within said
three-year period, they shall be required to acquire a major soil
permit, irrespective of the fact that such applicant shall not have
requested permission to remove in excess of 100 cubic yards in any
one permit application. In addition, any time such an applicant shall
have applied for and received a major soil permit, they shall be required
to apply for and secure either a major or minor soil permit, as applicable,
for any work done subsequently not specifically covered by the major
soil permit and shall be subject to having to secure an additional
major soil permit should said applicant once again apply for a series
of minor permits which result in requests totaling in excess of 100
cubic yards since the last major soil permit, within a three-year
period. Additionally, notwithstanding anything contained in this chapter
to the contrary, in the event that the Township Engineer determines
that an application for a minor soil permit, as defined in this chapter,
deserved farther review based upon its impact on the lot in question
or surrounding properties, they may reject the application for a minor
soil permit and direct the applicant to apply for a major soil permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township Engineer is hereby authorized to
approve applications for minor soil permits, and upon such approval,
the Township Engineer shall issue such a permit and forward a duplicate
copy to the Township Administrator. The Township Engineer's written
decision with reference to any minor soil permits shall be rendered
within 30 days after receipt of a complete application by the Township
Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within 90 days after the Township Engineer has
received a complete application for a major soil permit, the Township
Planning Board shall conduct a hearing and grant or deny the permit,
with or without conditions. The Township Engineer shall then issue
the permit in accordance with the decision of the Township Planning
Board. A copy of the permit shall be forwarded to the Township Administrator,
Township Engineer and Construction Official.
In considering and reviewing applications for
minor and major soil permits, the Township Planning Board and Township
Engineer shall be guided by the general purposes of municipal planning
and the following standards:
A. In development of land, natural grades should be preserved
wherever possible, and soil moving shall only be permitted when good
and sufficient reason appears for such soil moving.
B. No soil moving shall be permitted to result in any
increase of velocity or change in direction of surface water runoff
without such water being appropriately managed on site so as to not
adversely affect other properties.
C. No soil moving shall be permitted which shall result in the removal or destruction of trees in violation of the standards established under the Tree Removal Ordinance of the municipality, Chapter
535, Trees. In all respects, the applicant shall provide a method for protection of trees acceptable to the Township, provide welling or mounding where appropriate and provide for mitigation in the event of tree removal.
D. No soil moving shall be permitted if an applicant
merely proposes to raise or lower the general level of a lot in relation
to adjacent properties.
E. No soil permit shall be issued if the proposed soil
moving would have any reasonably conceivable detrimental impact upon
any person, surrounding property or the municipality.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F. All proposed structures shall be situate on a lot
so as to require the least amount of soil moving as is practical.
G. In connection with the construction of any building
requiring soil moving, the following additional standards shall apply:
(1) The basement floor elevation shall be set no higher
than the average elevation of the natural grade within the area of
the proposed building.
(2) Construction disturbance of the land shall be limited
to a perimeter of 15 feet from the sides and rear of the foundation,
except for driveway access to the building.
(3) In the event that a level area for construction of
the building must be created by soil moving, the area shall be created
by a cut on the uphill side and fill on the downhill side. Such cut
and fill must be adequately retained, and a certification by the applicant's
engineer that the proposed method of soil retention is adequate must
be submitted without qualification or exception. No construction shall
begin on the lot until the land where the building is to be located
shall be prepared for construction and all necessary cut and fill,
together with the approved method of retaining the soil, has been
completed on the lot. In this regard, no foundation footing shall
be constructed until the building site has been properly prepared.
Additionally, all buildings and structures shall be designed with
footings extending to stable soil with proper lateral supports.
H. No slope created by soil moving shall be permitted
to exceed a grade which rises or falls one foot vertically for every
two feet horizontally.
The following exceptions to the standards established in §
484-13 of the Code of the Township of Bloomfield shall be permitted:
A. In the event that the elevation of any building established by §
484-13 shall create a situation where driveway access would exceed a slope of 18%, configured in the most gradual manner possible, an applicant may obtain relief to raise the floor elevation of the building to achieve such grade.
B. In the event that the grading of the disturbed area on a one-on-two slope at a point 15 feet from any building as required by §
484-13 cannot practically be accomplished and meet acceptable engineering design standards for retaining the soil, an applicant may obtain relief to extend the fifteen-foot disturbance area to an extent beyond 15 feet as may be minimally required to meet acceptable engineering design standards for a retaining wall or other structure designed to retain the soil.
C. In any other case, the applicant may seek exception
to the provisions of this chapter based upon a showing of hardship.
D. In granting any such exception, the applicant shall
only be permitted to move as much soil and disturb as little land
area as is reasonably possible beyond the standards. No relief granted
under this section shall be granted if the applicant has created their
own hardship by the particular design of a structure or in any other
manner.
E. An exception to the standards contained in this chapter
may only be granted by the Township Council after a hearing which
shall be conducted with notice to adjacent property owners.
No major soil permit shall be issued unless and until the applicant therefore shall have posted with the Planning Board a performance bond, in form and with surety approved by the Township Attorney, and in such amount as the Township Engineer shall determine. The bond shall be conditioned upon full and faithful performance by the applicant, as 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 pursuant thereto. Said bond shall not be deemed canceled or released except as provided in §
484-18.
At the request of the Township Engineer, every
developer or excavator to whom a major soil permit has been issued
shall file with the Township Engineer a topographical map, in duplicate,
prepared and certified by a licensed professional engineer or a licensed
land surveyor, showing the contours of the area at a point when approximately
1/3 of the soil has been moved and again at the point when approximately
2/3 of the soil has been moved.
The Township Engineer shall not recommend to the Planning Board that the applicant's performance bond posted pursuant to §
484-15 be canceled or released until after all conditions set forth in the original permit have been met. The Township Engineer shall notify the Planning Board within 31 days of the filing of said topographical map of their approval or disapproval thereof and of any objections they may have to the cancellation or release of the applicant's performance bond.
No developer or excavator shall, at any time
in the course of the work, dig or excavate more than six inches below
the proposed final grades as shown on the topographical map unless:
A. The major soil permit specifies otherwise and the performance bond, referred to in §
484-15 hereof, makes specific provision for replacement, on or before the completion date set forth in the soil-removal 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 major soil permit, the developer
or excavator, before digging or excavating below the maximum level,
shall apply to the Township Planning Board for an amendment of the
application and topographical map then in effect. Such amendment may
be granted upon such terms as the Planning Board may deem necessary
to assure to the purposes and objectives of this chapter.
In the removal of soil, only such streets of
the Township shall be used for transportation as may be designated
for that purpose by the Township Engineer. The permittee shall keep
such streets free from dirt resulting from such soil removal work.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Township shall have the right to enter into and upon any lands, in
or upon which soil moving or removal operations are being conducted,
to examine and inspect such lands.
[Amended 5-5-2008 by Ord.
No. 08-18; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in §
1-15, General penalty, of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, no certificate of occupancy shall be issued to any person for any property where there exists a violation of this chapter.