[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 8-22-1972 by Ord. No. 10-72. Amendments noted where
applicable.]
The terms used in this chapter shall be deemed and construed
to have the following meanings:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two or more dwelling houses, business or industrial
building in any subdivision for the purpose of sale to or occupancy
by another person or persons.
For the purpose of this chapter, an "excavator" is hereby
defined as follows:
Any person who moves soil in or upon more than 20,000 square
feet of land area in a district zoned for residential use.
Any person who moves soil in or upon more than 10,000 square
feet of land area in all zones other than residential.
Any person who moves soil in excess of 300 cubic yards to, on
or from any land area within the Borough of Washington.
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough of Washington
or in the office of the Warren County Clerk. For the purposes of this
chapter, a "lot" shall also be deemed to be 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 of the Borough of Washington or in the office of
the Warren County Clerk.
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 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 individual, firm, association, partnership or corporation,
or any group of two or more of them.
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.
A.
No developer and no excavator shall move, or cause, allow, permit
or suffer to be moved, any soil in or upon any lot in the Borough
of Washington unless and until a soil permit therefor shall first
have been issued by the Zoning Officer of the Borough of Washington.
B.
No owner of any lot in the Borough of Washington shall cause, allow,
permit or suffer any soil in or upon such lot to be moved by any developer
or excavator until such developer or excavator has first obtained
a soil permit therefor.
The matter of reviewing and considering all applications for
soil permits is hereby referred to the Planning Board of the Borough
of Washington; the Zoning Officer of the Planning Board shall issue
no soil permit until the Planning Board approves the same and submits
to him its report and recommendation.
The procedure for applying for and issuance of a soil permit
shall be as follows:
A.
Form of application. On forms prescribed and supplied by the Planning
Board, the applicant shall set forth:
(1)
His 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 a proposed subdivision; if so, the date of
filing the application for the subdivision.
(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
and the kind and quantity of soil to be removed.
(7)
The proposed date of completion of the work.
(8)
A certification that he has placed or caused to be placed stakes
at each corner of the lands from which soil is to be removed, and
further that he has placed or caused to be placed grade stakes at
the existing elevation points designated on the topographical map
pursuant to the provisions of this section, clearly marked to indicate
the soil cuts or fill.
(9)
Such other pertinent data as the Planning Board may, by resolution,
hereafter require.
B.
Signature. Said application shall bear the signature of the applicant
and the endorsement of the owner or owners of said lands signifying
approval of the application, consent to the applicant to perform the
proposed work and consent to the Borough of Washington, in the event
of failure of the applicant to do so, to cause the proposed work to
be completed or otherwise terminated in keeping with the purposes
and objectives of this chapter.
C.
Topographical map. Accompanying the application shall be eight prints
of a topographical map of the lot upon which the proposed soil-moving
operations are to be conducted and of all surrounding lands, showing:
(1)
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 of Washington.
(2)
The existing elevations of all lands on a one-hundred-foot grid layout.
(3)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
(4)
All existing surface and/or subsurface water drainage conditions
and provisions therefor.
(5)
All wooded areas and all trees having a diameter of six inches or
more at the base.
(6)
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.
(7)
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.
(8)
Proposed slopes and lateral supports at the limits of the area upon
completion of the soil-moving operations.
(9)
Proposed provisions and facilities for the 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.
(10)
Accurate cross sections showing the locations and quantities in cubic
yards of soil to be moved.
(11)
All proposed elevations, in enclosed rectangular boxes, and all existing
elevations, to be indicated without any kind of enclosure.
(12)
Such other pertinent data as the Planning Board may, by resolution,
require.
D.
Filing fee. The application shall be submitted to the Zoning Officer
of the Planning Board with a fee of $100. In addition, the applicant
shall provide an escrow deposit of $300, from which the Borough will
deduct costs incurred by the Borough for engineering surveys and reports,
inspection fees, legal fees, and other expenses in connection with
the application.
[Amended 11-17-2008 by Ord. No. 13-2008]
E.
Inspection.
(1)
The
Borough Engineer shall make an inspection of the site from which soil
is to be moved and shall make such engineering studies as may be required
to determine the effect of the removal of soil from the location as
it relates to:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(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 development of the Borough.
(2)
He shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of Subsection A(8) hereof. In the event of refusal of the soil permit, as hereinafter provided, the fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Borough of Washington for engineering surveys and reports, inspection fees and legal fees shall be retained by the Borough and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Borough of Washington in the processing of the soil permit application.
F.
Hearing. The Planning Board shall, within a reasonable time after
receipt of the application, fix a date for hearing for the purpose
of considering the application, and shall give to the applicant, by
registered mail, notice of the time and place of the said hearing.
The applicant shall, at least five days prior to the date appointed
for said hearing, serve written notice either in person or by registered
mail upon such persons as are shown by the assessment rolls of the
Borough of Washington to be the owners of such lots as are within
200 feet of the property in question. The applicant shall, at the
hearing, present to the Planning Board satisfactory proof, in affidavit
form, of the service of said notices.
G.
Decision. The Planning Board shall review and consider the application
and shall render its report and recommendation to the Zoning Officer,
who shall grant or refuse the permit in accordance with the recommendation.
Such report and recommendation shall be made within 60 days after
the receipt of the application.
H.
Appeal. In the event of refusal, the applicant may, not later than
30 days after the date of such refusal, appeal to the Borough Council.
The Borough Council may, by a majority vote, sustain or, by a 2/3
vote of its entire membership, overrule the Planning Board recommendations.
I.
The soil permit shall be in such form as may be prescribed by the
Planning Board, shall be signed by the Zoning Officer of the Planning
Board and either the Chairman of the Planning Board or the Chairman
of the Soil Committee of the Planning Board, and shall contain any
special conditions set forth in the recommendations.
J.
The soil 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 application
for renewal has been made and approved in writing extending such permit.
In considering and reviewing the application, the Planning Board
shall be guided by the general purpose of municipal planning and take
into consideration the following factors:
A.
Soil erosion by water and wind.
B.
Surface and/or subsurface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
No person to whom a soil permit has been issued shall:
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 as classified by the Borough of Washington Zoning
Ordinance,[1] as amended and supplemented, or any endeavor or enterprise
other than the grading or regrading 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 by means of road oil or otherwise for the
laying of 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, any partially or wholly excavated boulders or other
incombustible debris resulting from the soil-moving operations, by
burial or removal, or 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 Planning Board.
A.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of said topsoil within
the boundary lines of said lot.
B.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot 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 developer or excavator 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 developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil aforesaid.
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 soil permit specifies otherwise and the performance bond, hereinafter
referred to, makes specified 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 developer or excavator, before
digging or excavating below said minimum level, shall apply to the
Planning Board and be granted an amendment of the application and
topographical map then in effect, which amendment may be granted upon
such terms as the Planning Board may deem necessary to assure adherence
to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil upon fill in any
lot or raise the grade of any lot without first 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 to
the end 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 any
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,
of a layer of topsoil not inferior in quality to that of the original
topsoil to the depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map.
A.
In the event that the Planning Board recommends approval of the soil
removal application, the Zoning Officer of the Planning Board shall
forthwith give notice to the applicant of the action of the Board
and, further, the amount of the performance bond required as hereinafter
set forth; in the event that the applicant fails to post the required
performance bond within 60 days of said notice, then the recommendation
of the Planning Board shall be automatically rescinded.
B.
No soil permit shall be issued unless the applicant therefor shall
have posted with the Borough of Washington a performance bond in form
and with surety acceptable to the Borough of Washington, in such amount
as the Planning Board shall determine, 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 pursuant hereto.
C.
The amount of said bond 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 be less than the principal amount of the bond; the
Planning Board, in determining the rate upon which to compute the
amount of the bond, 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 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.
[Amended 1-8-1974 by Ord. No. 34-73]
D.
Before the holder of any soil permit shall proceed before the Planning
Board with any application for any amendment or alteration of the
terms and conditions of any outstanding soil permit, there shall be
submitted to the Planning Board the written consent of the surety
on said bond, approving said application for amendments or alteration
and consenting to extension of the bond coverage thereto.
E.
Applications for the release of any bonds posted in accordance with
the terms of this chapter and/or the resolutions of the Planning Board
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.
Said affidavit shall be executed by a licensed professional or civil
engineer of the State of New Jersey.
Nothing in this chapter shall be construed to affect or apply
to any person engaged in the moving of soil in and upon lands enrolled
in the Soil Conservation Program of the Northeastern Jersey Soil Conservation
District of the United States Department of Agriculture Soil Conservation
Service,[1] and for which lands an "Approved Farm Plan" has been established
by said agency, provided that all soil-moving operations in and upon
such lands are performed in accordance with said approved farm plan.
[1]
Editor's Note: Now the Natural Resources Conservation Service.
For the purpose of administering and enforcing this chapter,
any duly authorized officer, agent or employee of the Borough of Washington
shall have the right to enter into and upon any lands in or upon which
soil-moving operations are being conducted, to examine and inspect
such lands.
[Amended 1-8-1974 by Ord. No. 34-73]
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 shall continue
shall constitute a separate offense.
