Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
[This chapter was originally included in the 1969 Code as Chapter 172 of Title XVII, Building Regulations.]
GENERAL REFERENCES
Building and housing — See Ch. 13.
Streets and sidewalks — See Ch. 17.
Stormwater control — See § 19-5.
Flood damage prevention — See Ch. 25.
Subdivision regulations — See Ch. 32.
Zoning — See Ch. 34.
[Ord. No. 860-A § 172.001]
The terms used in this chapter shall be deemed and construed to have the following meanings:
APPLICANT
A property owner submitting an application for a soil movement permit.
CLEAN
Broom clean; all soil removed.
DAY
A calendar day.
DEVELOPMENT
Improvement of a lot by the construction or erection of one or more buildings for residential, commercial, or industrial purposes and improvement of lands through or for conservation or flood control.
ENVIRONMENTAL CONSULTANT
An individual or firm retained by the Borough Planning Board. The individual or firm shall possess a degree from an accredited institution of higher learning in environmental studies.
EROSION AND SEDIMENT CONTROL MEASURES
Hay bales, filter fences, diversion berms, swales, stabilized construction entrances, stone inlet filters, inlet covers, etc., and any and all other devices deemed necessary by the County Soil Conservation District and/or the Borough Engineer.
EXCAVATOR
Improvement of a lot or lots for residential, commercial, or industrial purposes.
LOT
Any parcel of land or portion thereof the boundary lines of which may be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough of Ramsey or in the office of the Clerk of Bergen County.
MOVE
To dig; to excavate; to remove; to import; to export; to deposit; to place; to dump; to fill; to backfill; to deliver; to grade; regrade, or level; to rough grade or fine grade; to level, relocate, or otherwise alter or change the location or contour; to transport; to supply, to extract or to shift the location of tree stumps. This term shall not be construed to include plowing, spading, cultivating, harrowing, or dicing of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
NUISANCE
Any conduct which is either unlawful in itself or unreasonable under all circumstances or the creation or maintenance of a condition which endangers the safety or health of the general public.
OWNER
Any person seized in fee simple of any lot.
PERSON
Any individual, firm, association, partnership or corporation, or any group of two or more of them.
SOIL
Any earth, sand, clay, loam, gravel, humus, tree stumps, minerals, mud, silt, ore, muck, stone, rock or dirt, without regard to the presence or absence therein of organic matter, and any debris whether organic or construction debris including but not limited to asphalt, concrete, and macadam.
SOIL MOVEMENT OPERATION
Delivery or removal of equipment or materials associated with soil movement; soil movement; installation or removal of erosion control measures; starting or warm-up of equipment; arrival, departure, or waiting of transport vehicles for equipment or soil; street cleaning; restoration; revegetation.
STOCKPILE
A reserve supply of soil accumulated on site in anticipation of future use on or off site.
TOPSOIL
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.
[Ord. No. 860-A § 172.002]
The following general purposes of municipal use planning and land use regulations shall be taken into consideration when reviewing all proposed soil movement in the Borough of Ramsey.
a. 
The general welfare of the Borough of Ramsey and its citizens.
b. 
Public health and safety of Borough of Ramsey residents.
c. 
Soil erosion by water and wind.
d. 
Determination of the quality of any soil imported into the Borough of Ramsey.
e. 
Surface water drainage.
f. 
Soil fertility.
g. 
Lateral support of abutting streets and land.
h. 
The unsightliness of the premises after excavation and during construction.
i. 
The effect of flooding upon the premises in question.
j. 
The prevention of any nuisance caused by soil movement operations.
k. 
Traffic on and off site.
l. 
The effect that the proposed movement of soil would have on individual sanitary sewage disposal systems.
m. 
The effect on surrounding land values and uses.
n. 
Whether the proposed work is necessary in connection with the immediate development of the property.
o. 
Such other factors as may bear upon or relate to the development of the coordinated, adjusted and harmonious physical development of the Borough.
p. 
The preservation of existing wetlands, and watercourses, and non-interference with wetlands, stream beds, stream or watercourse, banks or their stabilization.
q. 
The creation of sharp declivities, pits, or depressions.
r. 
The prevention of soil mining.
[Ord. No. 860-A § 172.003]
a. 
No person shall excavate, remove, import, or move, or cause, allow, permit or suffer to be removed, imported, or moved, any soil from, onto, in or upon any lot or right-of-way in the Borough unless and until a soil movement permit therefore shall first have been issued pursuant to this chapter and shall be in effect, unless the activity is exempt under this chapter. No person shall make, create or cause to be created, a reserve supply of soil or accumulate soil on site or in rights-of-way in anticipation of future use or disposal without the express written permission of the Borough as provided herein.
b. 
Unless the soil movement activity is exempt under this chapter, no owner of any lot in the Borough of Ramsey shall cause, allow, permit, or suffer any soil from, in or upon such lot to be removed or moved or any soil to be imported to or deposited upon such lot until a soil movement permit therefore shall have been obtained. It shall be the responsibility of the owner to monitor the status of any soil movement permit issued, and to verify that a permit is in effect before he permits soil movement on his property. It is the further responsibility of the owner to notify all contractors' or subcontractors' vehicle operators involved in any way with the soil movement on the property of the conditions of the approved soil movement permit and the requirements of this chapter and approved routes of travel.
c. 
No soil shall be imported to or deposited upon, excavated, moved on or removed from, in or upon any lot in the Borough of Ramsey except in connection with the immediate development of such lot in accordance with all applicable ordinances of the Borough and all applicable statutes of the State of New Jersey, and then only after a soil movement permit has been obtained. It is hereby required that the applicant set forth in or append to the soil movement permit application a time schedule showing the date of commencement and completion of both the soil movement operation and the developmental use or program to which the applicant proposes to put the property.
[Ord. No. 860-A § 172.004; Ord. No. 860-B; Ord. No. 3-2003 § 1]
The procedures to be followed in the application for, review of the application form for, issuance of and monitoring of a soil movement permit, shall be as listed hereafter:
a. 
Application form. On forms prescribed and supplied by the Ramsey Planning Board, and on supplements thereto, where necessary, the owner(s) of the property shall apply for the permit and shall set forth, under oath, in quadruplicate, the following:
1. 
The name(s) and address(es) and telephone number(s) of the owner(s) of the lot(s) which is (are) the subject of the application.
2. 
The description of the lot(s) in question, including lot number(s), block number(s) and street address(es).
3. 
The ultimate purpose for importing, depositing, excavating, moving, or removing the soil.
4. 
The kind and quantity, in cubic yards, of soil to be imported, deposited, excavated, moved or removed, including specific cut, fill, import, export and stockpile volumes, the proposed height(s) of the stockpile(s) and the total volume of soil to be moved.
(a) 
In the case of removal, the location (i.e., street address, municipality and state) to which the soil is to be removed and the kind and quality of soil to be removed shall be set forth.
(b) 
In the case of importation of soil to a site, the street address, municipality and state of the property from which the soil is to be obtained, the name and telephone number of the owner or representative of the owner of the premises from which the soil is to be obtained, and the kind and quality of the soil to be imported shall be set forth.
(c) 
Earthwork cross sections and end area method volume calculations, in a form acceptable to the Borough Engineer, shall be submitted with the application to verify the quantities of soil to be moved. A minimum of five cross sections shall be submitted with each application, including applications for soil movement associated with single-family home construction. Calculation of soil movement quantities may be done by the AutoCad process, in lieu of the aforementioned method, as long as sufficient topographic data has been taken by survey. The applicant shall identify the method used to calculate soil quantities in the application and certify that sufficient topographic survey data was used. The method so identified shall be noted on the plans.
[Amended 2-8-2006 by Ord. No. 8-2006]
5. 
The proposed date of commencement of the work and the proposed date of completion of the work, specifying month, day and year.
6. 
The name, street address, municipality, state and telephone number of the person(s) having express charge, supervision and control of the proposed soil movement operations. The applicant shall provide a twenty-four-hour telephone number of the operator or supervisor of soil movement operations.
7. 
The name, street address, municipality, state and telephone number of the person(s) having charge or control of the operation of transporting imported or exported soil.
8. 
A description of the equipment to be used in depositing, spreading, grading, moving, excavating and/or removing of the soil.
9. 
A description, giving the number and size, of the trucks and other vehicles to be used in the importation or removal of the soil.
10. 
A listing of the route to be used by the vehicles in delivering and removing equipment and material to/from the site, in importing and/or exporting soil, and in accessing or leaving the site before export and after import operations, respectively, including all streets, roads, highways, etc. within the Borough of Ramsey to be used in conjunction with soil movement operations and the direction of travel on each street.
11. 
A map showing the division of the tract in question into soil movement sectors, where applicable. The application must contain a written statement indicating in what order each of the sectors is to be worked.
12. 
A written statement of plans to control soil erosion through hay bale or filter fence protection, installation of (a) stabilized construction entrance(s) and the installation of swales, diversion berms, and/or inlet filters, as required, during construction, and revegetation with seed, sod, and/or ground cover after soil movement is completed. Where applicable, Bergen County Soil Conservation District approval of an erosion plan shall be secured. The words "See Plan," or its equivalent shall not be acceptable.
13. 
When the applicant is a firm or corporation, a corporate officer must sign the application and the name and corporate title of the individual signing the application must be printed or typed below the signature line.
14. 
Such other data as may be required by the Borough. For soil movements greater than 25 up to 100 cubic yards, the neighbor acknowledgment form must be completed and submitted with the application.
b. 
Plan requirements and proposed grading. Accompanying the application shall be a topographical map, drawn to a scale of not less than one inch equals 50 feet, on sheets no larger than 42 inches by 36 inches, and referenced to the USGA datum, prepared, certified, and sealed by a New Jersey licensed professional engineer and land surveyor, in quadruplicate, showing:
1. 
The present grades of the lot(s) to, from or upon which it is intended to import, deposit, excavate, move or remove soil.
When the aerial topography is utilized, the plans shall so note, and the applicant shall be required to verify the accuracy of said aerial topography to the satisfaction of the Borough Engineer with the conventional field survey information.
2. 
The present grades of all land within 200 feet of the boundaries of the subject lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single family home is to be built.
3. 
The present grades of all abutting streets, and rights-of-way, for the full width of the rights-of-way and the full frontage(s) of the subject parcel(s).
4. 
The proposed final grades shown by contour lines over the entire parcel when the work has been completed, at intervals no greater than two feet.
5. 
The quantity, in cubic yards, of soil involved in the work of cutting, filling, importing, exporting, and/or stockpiling, together with the location(s) and base area(s) of any proposed stockpile(s).
6. 
Proposed slopes and lateral supports, which shall be not more than one foot vertical to six feet horizontal, to adjacent properties and on the lot upon which the work is to be done.
7. 
Present and proposed surface water drainage and the means of control of same.
8. 
Spot grades showing the proposed elevations at all building corners, at the edges of all paved areas, at all bend points in retaining walls, and at other locations deemed necessary by the Borough Engineer.
9. 
The location and limits of all on-site wetlands.
10. 
The boundaries of the lot(s) in question and of all lots with area within 200 feet of the perimeter(s) of the lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single family home is to be constructed.
11. 
The location(s), length(s), type(s), size(s), and detail(s) of all soil erosion and sediment control measures proposed for use on the site.
12. 
Such other data as the Ramsey Planning Board may deem necessary and require.
c. 
Liability insurance.
1. 
Accompanying the application shall be proof of liability insurance held by or for the benefit of the owner as an additional named insured in minimum amounts of $100,000/$300,000 for personal injury, and $500,000 for property damage.
2. 
The insurance must be maintained for the full term of the permit.
3. 
In the event that the insurance does not cover the full term of the operations as noted on the application, acceptable proof of replacement insurance must be submitted to the Planning Board Secretary a minimum of 10 calendar days before expiration of initial coverage.
4. 
Failure to maintain the required liability insurance and/or failure to provide proof of replacement coverage on or prior to the deadline in Paragraph c3 above, shall result in the automatic revocation of the soil movement permit.
5. 
In the event that the permit is revoked in accordance with Paragraph c4 above, all soil movement operations shall cease until such time as proper documentation is received by the Borough, and a written reinstatement of the permit is issued by the Borough Engineer.
d. 
Fees. The application shall be submitted to the Borough Engineer with a fee in the amount computed at the rate of $0.10 per cubic yard to be moved, as stated in the application and certified on the topographical map. In no event shall such fee be less than $150 unless the application is for 100 cubic yards or less. Where the application as submitted by the property owner is for 100 cubic yards or less, there will be a nonrefundable application fee of $25 for all residential, single soil lot movement applications. In the event of a refusal of the soil permit, all that portion of the fee paid in excess of the actual expense to the Borough in connection with the application shall, upon request by voucher, be refunded to the applicant. In addition to such fee, if any unusual engineer's services are required, or if the services of a soil analyst, engineer, environmental consultant, or planning consultant are required in connection with the review of a soil movement application by the Planning Board, the applicant shall pay for such services prior to final decision being made in connection with said application.
[Ord. No. 860-A § 172.005]
The Planning Board shall review all applications and shall schedule a public hearing in accordance with the requirements of the Municipal Land Use Law within 45 days of an application being deemed complete by the Borough Engineer. This application can be heard concurrently with any site plan or subdivision application that is pending before the Planning Board. The Planning Board shall render a decision within 30 days after the conclusion of said public hearing. The Planning Board shall review and consider the application and render its approval or disapproval to the Mayor and Council of the Borough of Ramsey. The Mayor and Council shall be the only agency that can issue the actual soil movement permit which shall be based upon the review and recommendations of the Ramsey Planning Board. An application shall be deemed to be "complete" after the Borough Engineer has certified that the application and all information required pursuant to this chapter has been adequately and properly submitted by the applicant. Sufficient copies of the application as determined by the Planning Board Secretary together with accompanying documents and maps shall be filed with the Borough Engineer. The applicant shall give public notice for said public hearing by publishing an appropriate notice on a form prescribed by the Planning Board at the applicant's expense at least 10 days prior to the date set for said public hearing and by delivering a copy of said notice by certified mail or by personal service to all property owners within a two-hundred-foot radius of the boundaries of the subject premises as their names appear on the municipal tax records of the property at least 10 days prior to the public hearing date. The applicant shall submit an affidavit of publication and an affidavit of service of notice to the Planning Board Secretary. If additional Borough, county, state, federal or other governmental approvals for the development of the subject property are required, the soil movement permit shall not be issued until all such final approvals are obtained and proof of same is submitted to the Borough of Ramsey.
[Ord. No. 860-A § 172.006]
a. 
Soil movement permits shall be issued by the Mayor and Council after all of the following has been accomplished:
1. 
The Planning Board or Board of Adjustment's approval of the associated subdivision or site plan application where applicable has been secured.
b. 
All conditions of any subdivision or site plan approval resolutions have been fully satisfied.
c. 
When appropriate, the developer's agreement has been executed by all parties and the required performance guarantees have been posted with the Borough.
d. 
All required Borough, county, state, federal and other governmental final approvals for development of the subject premises have been secured and proof of same is submitted to the Borough.
e. 
Planning Board recommendations of approval have been received.
f. 
The Mayor and Council have approved by resolution the soil movement permit.
g. 
All conditions in any soil movement permit approval resolution have been fully satisfied.
h. 
The route of travel has been submitted, reviewed, and approved by the Borough Chief of Police.
i. 
Acceptable proof of liability insurance coverage has been submitted as required by this chapter.
j. 
All required performance guarantees have been posted with the Borough of Ramsey, all fees paid, and a standard developer's agreement has been executed by the applicant.
a. 
At a minimum, the Borough Engineer shall require that one comprehensive analysis be made of the soil to be imported, should a permit be required under this chapter. The Borough Engineer shall inspect the soil to be imported and determine whether or not additional testing will be required. The basis for additional testing will be the location and status (i.e., disturbed, excavated, or untouched) of the soil. Additional soil tests may be made, up to a maximum of one analysis for each 500 cubic yards. The number of additional tests shall be determined by the Borough Engineer upon completion of his inspection.
[Amended 2-8-2006 by Ord. No. 8-2006]
b. 
Testing shall be done, per Paragraph c, below, and the results evaluated against the current NJDEP residential direct contact soil criteria to determine the suitability of the soil to be imported.
[Amended 2-8-2006 by Ord. No. 8-2006]
c. 
Soil sample collection for environmental quality purposes shall be collected in accordance with the State of New Jersey Department of Environmental Protection (NJDEP) Technical Requirements for Site Remediation, New Jersey Administrative Code (N.J.A.C.) 7:26E and the guidelines presented in the August 2005 (or subsequent edition) NJDEP Field Sampling Procedures Manual. At a minimum, the collected soil sample(s) shall be tested for the following chemical analyses: priority pollutants plus 40 peak library search (PP+40); cyanide; and toxicity characteristics leaching procedure (TCLP) (SPLP, USEPA Method 1312). Soil samples shall be collected for chemical analysis and to provide a subsurface conditions profile. Soil samples shall be field screened with a calibrated direct reading instrument equipped with a photoionization detector, flame ionization detector or other suitable instrument capable of detecting the contaminants pursuant to N.J.A.C. 7:26E. Test results shall be mailed to the Borough Engineer with a copy sent to the applicant.
[Amended 2-8-2006 by Ord. No. 8-2006]
d. 
Soil samples shall be taken under the supervision of the Borough Engineer who will sign the chain of custody form prior to delivery of the samples to an NJDEP approve test facility. (Proof of the NJDEP approved status for the test facility must be furnished to the Borough Engineer before samples are taken.)
[Amended 2-8-2006 by Ord. No. 8-2006]
e. 
The Borough Engineer shall forward the test results to the Planning Board with a recommendation to approve or disapprove the permit application based upon the results. If a recommendation is made to disapprove the application, the reason(s) for disapproval shall be clearly stated.
f. 
All soil testing shall be completed before a soil importation permit is issued.
g. 
All testing costs associated with the acquisition of samples and the analysis are the responsibility of the applicant and shall be paid for by the applicant.
h. 
If, during the course of soil importation, the Borough Council or Borough Engineer determines that new or additional soil testing is required for the protection of the public health and safety, the Borough may have such soil tested at the sole expense of the applicant. If the results of such testing indicate the presence of material which is harmful, dangerous, toxic, or hazardous to the public, all soil importation shall cease and the soil in question shall be removed in accordance with the directions of the Borough Engineer.
[Ord. No. 860-A § 172.008]
a. 
The applicant or owner shall proceed with the work within 120 days after the resolution of the Mayor and Council authorizing the Clerk to issue the soil movement permit. In the event that the guarantees required by the Mayor and Council are not furnished within 120 days from the resolution and that the work is not commenced within that time, the applicant or owner shall not have the right to remove any soil and said soil movement permit may be revoked. The soil movement permit shall not be assignable or transferable except upon written approval of the Mayor and Council, which approval shall not be unreasonably withheld.
b. 
Before any permit is issued, the applicant shall file with the Council a performance bond with satisfactory surety, the amount to be determined by the Borough Engineer. The bond shall be conditioned upon full and faithful performance by the principal within the time specified in the application of all the proposed work as set forth in the application and which shall be found necessary by the Planning Board and/or Mayor and Council. In addition, the bond shall be conditioned upon the repair at the expense of the owner or applicant of any street damaged by the transportation of soil in connection with the application, if in the judgment of the Mayor and Council such repairs are deemed to be necessary. The term "expense" used in this section includes the cost and supervision incurred by the Borough Engineer in connection with such repairs.
c. 
No soil movement permit shall be issued for longer than one year from the date of issuance. A permit may be extended and request for a permit extension must be submitted in writing to the Planning Board Secretary a minimum of 30 days prior to the date of expiration of the permit. The extension request must include the length of the requested extension, indicate the new completion date, specify the day, month, and year, and indicate the volume of soil remaining to be moved. The extension request must be accompanied by acceptable proof of liability insurance coverage. All requests for extensions shall be reviewed and approved or denied in connection with the procedures set forth herein. If a soil movement permit expires prior to the applicant requesting in writing to the Planning Board, a formal extension of the permit, all soil movement shall cease until a new permit is obtained. A reinstatement request shall not be considered.
[Ord. No. 860-A § 172.009]
In the event the Chief of Police of the Borough of Ramsey shall determine that the conduct of the soil movement operation requires the posting of a full-time or part-time traffic safety guard or inspector, the applicant shall pay, in addition to the fees set forth herein, an additional amount to cover the Borough's expenses of hiring a traffic safety guard or inspector.
[Ord. No. 860-A § 172.010]
a. 
Whenever any developer or excavator moves topsoil in or upon any lot, provisions shall be made for the storage of the topsoil within boundary lines of the lot.
b. 
Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface on the lot on or before the completion date set forth in the soil permit so that the final grade of the replaced topsoil shall be in accordance with the proposed final grade shown on the topographical map.
c. 
Where soil moving is permitted, no person, owner, developer, or excavator shall move to any point beyond the boundary lines of the premises, any topsoil whatsoever, unless and until, topsoil not inferior in quality of 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 area of the premises, excepting only such portions thereof as 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 premises more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.
[Ord. No. 860-A § 172.011]
All soil movement operations, including but not limited to excavation, filling, deposition, removal, import, grading, transport, and tree stump removal shall be performed in accordance with the following regulations whether or not a permit is required or has been issued:
a. 
All boulders, rocks with any dimension greater than 12 inches, and other vegetative and construction debris shall be removed from the property unless buried in such locations on the property as shall be approved by the Borough Engineer and covered with at least four feet of soil. No tree stumps shall be buried or covered on the property.
b. 
In dry weather, persons conducting soil movement operation(s) shall continuously dampen the ground where such operations are conducted as necessary to prevent dust. Subject areas shall be dampened a minimum of twice daily, and more frequently, if deemed necessary by the Borough Engineer or his representative. Any use of chemicals for dust control must be approved by the Borough Council by resolution.
c. 
No trucks used shall be loaded above the level of the sides of the truck, to prevent spillage. Front end loaders, backhoes, and similar equipment shall not be used to transport soil off the premises, on streets or roads. All streets, roads, highways, etc. within the Borough of Ramsey shall be thoroughly cleaned, at the applicant's expense, each day, of any spillage, or soil on such traveled ways resulting from soil movement, project related erosion and/or truck operations.
1. 
Clean shall be defined as broom clean.
2. 
Cleaning operations shall be completed prior to 5:00 p.m. on each day.
3. 
Street cleaning operations shall not consist of washing, brooming, or blowing soil into gutters, roadside ditches or swales, inlets, or inlet filters and any such washing, brooming, or blowing shall be deemed a violation of this chapter.
d. 
All truckloads shall be fully covered (i.e., no soil visible) with tarpaulin and, if deemed necessary by the Borough Engineer or his representative, treated by water to prevent flying dust.
e. 
No trucks, equipment, or machinery shall be delivered, removed, started, or operated, nor shall any part of the soil movement operation be conducted, before 8:00 a.m. or after 5:00 p.m. on weekdays or Saturdays, nor at any time on Sundays, nor at any time on the following holidays:
New Year's Day
Presidents' Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
1. 
Soil movement operations restrictions shall be in effect on the day on which the holiday is legally celebrated.
2. 
This regulation shall apply to the delivery and/or removal of trucks, material, machinery, or equipment to be used in soil movement operations.
f. 
The entire area covered by the work shall be maintained and left in such a manner, on a daily basis, so as not to create or maintain a nuisance or condition hazardous to life and limb or to the health or general welfare of the inhabitants of the Borough of Ramsey. All excavations left open overnight shall be fully encircled with protective fencing, properly embedded/braced to the satisfaction of the Borough Engineer.
g. 
All soil movement operations, including mandatory ground cover work proposed in the application and on the accompanying map, as well as restoration of the property to final grade and revegetation must be completed within the time frame stipulated in the permit, or in the extended permit, where applicable.
h. 
No more soil shall be moved than is reasonably necessary for the development and use of the land.
i. 
No soil movement shall be allowed which shall cause damage to adjacent properties or prejudicially affect the values of adjacent properties.
[Ord. No. 860-A § 172.012]
In order to prevent erosion and the destruction of the aesthetic characteristics of the neighborhood, any owner or excavator moving soil shall leave as many trees and undisturbed natural grade or topography as practicable in all areas except where excavations are made for buildings, driveways and streets. The applicant shall submit an application map to the Borough Engineer prior to the cutting or removal of any trees on lots in areas greater than 20,000 square feet. The application map made by such owner or excavator shall show the existing trees to be left standing over eight inches caliper in the actual area(s) of disturbance. Trees shall be measured for purposes of this section at a height of four feet from existing grade at the base of the tree. Soil shall not be placed around the base(s) of trees. Where and when directed by the Borough Engineer, tree wells within the canopy of the trees shall be constructed to preserve existing trees. No fill shall be placed within the existing tree canopy. The proposed revegetation and restoration in the disturbed area(s) shall also be shown as part of the application.
[Ord. No. 860-A § 172.013; Ord. No. 860-B]
The requirements of this chapter shall not apply to the operations listed below:
a. 
To excavations for building foundations or swimming pools for detached single family homes for which a building permit has been issued by the Construction Official; to excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Borough Department of Health; to excavations for the installation of underground gas, water, electric, cable television, and telephone lines provided all required permits have been issued; to soil borings, test pit excavations, or hazardous waste clean up operations.
b. 
The exception for foundation excavation shall be limited to excavations in which all material is totally removed from the site or in which the excavated material is spread or graded within 12 feet of the foundation walls.
c. 
The exceptions for foundations, swimming pools, septic tanks, and sanitary disposal systems will be allowed for only one foundation, swimming pool, septic tank, or sanitary disposal system per lot.
d. 
Abandoned wells, septic systems, cisterns, or swimming pools may be filled in without a permit provided the owner or its agent files a soil movement permit application with the Borough Engineer with sufficient information for the Borough Engineer to approve the work prior to the commencement of work. There shall be a fee of $50 for processing and review of the application and plan in lieu of the normally required soil movement permit application fee.
e. 
A maximum of 25 cubic yards of soil may be excavated, moved, removed, or placed upon a single lot provided that the owner of the lot completes and files a soil movement permit application form with the Borough Engineer prior to commencement of work to be performed. This exception shall be available only once for each lot during any twelve-month period. This exception shall not be available if the subject lot is part of the larger parcel upon which additional soil movement is, has been, or is to be performed.
f. 
For soil movements greater than 25 up to 100 cubic yards, an exception may be granted if, in the opinion of the Borough Engineer, the general purposes outlined in Section 26-2 have not been adversely affected. This exception shall be available only once for each lot during any twelve-month period. This exception shall not be available if the subject lot is part of the larger parcel upon which additional soil movement is, has been or is to be performed. In order to apply for an exception in this range, a soil movement permit application form and a neighbor acknowledgment form must be filed with the Borough Engineer.
[Ord. No. 860-A § 172.014]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, pay a fine not exceeding $1,000 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 may, in the discretion of the Court, constitute a separate offense.
[Ord. No. 860-C § 1]
The Borough Engineer or, in his absence, the Assistant Borough Engineer shall enforce the provisions of this chapter.