[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 4-17-1991 by Ord. No. 91-05. Amendments noted where applicable.]
The terms used in this chapter shall be deemed and construed
to have the following meanings:
Broom clean; all soil removed.
Individual or firm appointed or retained by the Borough Council.
The individual or firm shall possess a degree from an accredited institution
of higher learning in environmental studies.
Hay bales, filter fence, 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.
Any person who shall move or remove soil, as the terms are
hereinafter defined.
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 disking of soil or any other operation usually and ordinarily
associated with the tilling of soil for agricultural or horticultural
purposes.
Any individual, firm, association, partnership or corporation,
or any group of two or more of them.
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.
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.
A reserve supply of soil accumulated on site in anticipation
of future use on or off site.
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 Borough Council finds that the following general purposes
of municipal planning and land use and regulations shall be taken
into consideration when reviewing all proposed soil movement in the
Borough of Lodi:
A.
The general welfare of the Borough of Lodi and its citizens.
B.
Public health and safety of Borough of Lodi residents.
C.
Soil erosion by water and wind.
D.
Surface water drainage.
E.
Soil fertility.
F.
Lateral support of abutting streets and land.
G.
The unsightliness of the premises after excavation and during construction.
H.
The effect of flooding upon the premises in question.
I.
The prevention of any nuisance caused by soil movement operations.
J.
Traffic on and off site.
K.
The effect that the proposed movement of soil would have on individual
sanitary sewerage disposal systems.
L.
The effect on surrounding land values and uses.
M.
Whether the proposed work is necessary in connection with the immediate
development of the property.
N.
Such other factors as may bear upon or relate to the development
of the coordinated, adjusted and harmonious physical development of
the Borough.
O.
The preservation of existing wetlands and watercourses and noninterference
with wetlands, stream beds, stream or watercourse, banks or their
stabilization.
P.
The creation of sharp declivities, pits or depressions.
Q.
The prevention of soil mining.
A.
Permit required. No person shall excavate, remove or move any soil
from, onto, in or upon any lot or public right-of-way in the Borough
of Lodi unless and until a soil movement permit therefor 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 of
Lodi as provided herein.
B.
Responsibility of owner. Unless the soil movement activity is exempt
under this chapter, no owner of any lot in the Borough of Lodi shall
cause or permit 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 therefor shall have been obtained. It shall
be the responsibility of the owner to comply or cause compliance with
all terms of this chapter.
C.
Permit procedure. The procedures to be followed in the application
for, review of the application for, issuance of and monitoring of
a soil movement permit shall be as listed hereafter:
(1)
Application form. On forms supplied by the Construction Official
and on supplements thereto, where necessary, the owner(s) of the property
shall apply for the permit and shall set forth, under oath, the following:
(a)
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.
(b)
The description of the lot(s) in question, by lot number(s),
block number(s) and street address(es).
(c)
A concise description of the reasons why soil movement is necessary.
(d)
The total volume, in cubic yards, of soil to be moved or, including
specific cut, fill, import, export and stockpile volumes, the proposed
height(s) of the stockpile(s).
[1]
In the case of removal, the location (i.e., street address,
municipality and state) to which the soil is to removed.
[2]
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 owner of the premises 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.
[3]
Volume calculations in form acceptable to the Borough Engineer.
In his or her discretion, the Borough Engineer may require earthwork,
cross sections and end-area-method volume calculations.
(e)
The proposed date of commencement of the work and the proposed
date of completion of the work under the permit.
(f)
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, including import and export.
The applicant shall provide a twenty-four-hour telephone number of
the operator or supervisor of soil movement operations.
(g)
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.
(h)
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. Where sectors are not involved, the application must
contain a written statement indicating the schedule to be followed
in moving soil for the project.
(i)
A written statement of plans to control soil erosion.
(j)
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.
(k)
A listing of waivers requested in conjunction with the application,
including the code requirement, the proposed deviation therefrom and
the reason for the deviation.
(l)
Such other data as may be required by the Borough.
(2)
Plan requirements and proposed grading. In all applications involving
the movement of more than 20 cubic yards of soil, and on all other
applications where the Borough Engineer in his or her discretion shall
require, the applicant shall submit topographical maps, certified
and sealed by a New Jersey licensed professional engineer and surveyor,
showing all or some of the following, as the Borough Engineer may
direct:
(a)
The present grades of the lot(s) to, from or upon which it is
intended to import, deposit, excavate, move or remove soil.
(b)
The present grades of all land within 200 feet of the boundaries
of the subject(s).
(c)
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).
(d)
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.
(e)
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).
(f)
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.
(g)
Present and proposed surface water drainage and the means of
control of same.
(h)
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.
(i)
The location and limits of all on-site wetlands.
(j)
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 one-family home is to be constructed.
(k)
The location(s), length(s), type(s), size(s) and details of
all soil erosion and sediment control measures proposed for use on
the site.
(l)
Such other data as the Planning Board, Council or Borough Engineer
may deem necessary and require.
(3)
Liability insurance.
(a)
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.
(b)
The insurance must be maintained for the full term of the permit
or else the permit shall be automatically suspended. The Construction
Official shall have the authority to reinstate such permit, in writing,
upon proof of resumed coverage.
(4)
Fees.
(a)
The application shall be submitted to the Planning Board Administrative
Officer with a fee in an amount set forth on the attached Schedule
A, which is incorporated herein by reference.[1]
[1]
Editor's Note: Schedule A is attached to this chapter.
(b)
In the event of the Borough's decision not to grant a soil
movement permit, all that portion of the fee in excess of the Borough
engineering, legal, administrative and other expenses shall be refunded
to the applicant.
(5)
Soil movement reports. On all applications involving the movement of more than 20 cubic yards of soil, and upon all other applications as the Borough Engineer may require, the applicant shall file interim soil movement reports as hereafter described, except that a final soil movement report as described in Subsection C(6) shall be filed by all applicants.
(a)
Once a soil movement permit is issued the permittee shall file
a monthly report indicating the number of cubic yards of soil that
have been cut, filled, imported, exported, stockpiled, and removed
from stockpile in connection with soil movement operations on the
site for purposes of monitoring progress of the work and verifying
the fees required herein.
(b)
The report shall be on forms furnished with the application
and shall be submitted each month, even if no soil movement operations
were conducted the previous month. Volumes shall be in cubic yards.
Percentage figures shall not be acceptable.
(c)
In the event that the required report for the prior month's
operations is not submitted to the Planning Board Administrative Officer
by the 15th day of the following month during the permit period, the
permit shall be deemed automatically and immediately suspended until
such time as the report is submitted and a letter lifting the suspension
is issued by the Borough Engineer. Should the applicant fail to submit
the required monthly report a second time, the automatic immediate
suspension shall remain in effect until the Planning Board or the
Borough Engineer, as appropriate, considers the matter and reinstates
the permit.
(d)
In the event that the amount(s) of cubic yards which are cut,
filled, imported or exported exceed(s) the amount(s) shown on the
application, the applicant shall immediately (i.e., within 48 hours
of the date the applicant is notified of the need to file an amendment
by a representative of the Borough) apply for an amendment to the
permit and deposit the additional required fee.
(e)
All soil movement fees shall forthwith be deposited in a specially
designated and separate project escrow account and shall be used to
pay the Borough's engineering, legal, administrative and any
other expenses incurred in processing the application and monitoring
of the permit status and the applicant's performance. In the
event that the fees posted by the applicant are insufficient to meet
the reasonable engineering, legal and administrative expenses incurred
by the Borough in processing the application and monitoring the permit
status and the applicant's performance, then the applicant shall,
upon the request of the Borough, immediately pay such additional engineering,
legal and administrative and other expenses incurred by the Borough.
In the event that the project is not completed or in the event that
the applicant does not pay all the fees required by this chapter,
the sums due to the Borough shall become an obligation of the owner
of the property and shall become a lien upon the property.
(f)
Upon completion of soil movement operations, the permittee shall
file a final report indicating the total amount of soil movement in
each category shown on the reporting form. An additional fee at the
rate established by this chapter shall be submitted if the total soil
movement exceeds the approved volume.
(6)
Review of application.
(a)
Planning Board approval. All site plan subdivision or other
applications for development proposing the movement of more than 1,000
cubic yards of soil shall be referred to the Planning Board for review,
and said soil movement permit applications shall be subject to the
approval of the Planning Board.
(b)
Borough Engineer approval. If the Engineer determines upon his
review of the documents forwarded to him under this chapter that the
application and accompanying documents are complete and in compliance
with the requirements of this chapter, that the total proposed movement
of soil is less than 1,000 cubic yards, no soil is to be exported,
no waivers are being requested or required, and no special or unique
situation exists in connection with the application, then the Borough
Engineer may approve the permit application within 30 days after receipt
of a complete application. However, if in the opinion of the Borough
Engineer special or unique circumstances exist in connection with
the application, then in his discretion he may refer the matter to
the Planning Board for disposition of the application.
(7)
Processing of application.
(a)
Application.
[1]
Sufficient copies of the application, as determined by the Construction
Official, together with the accompanying documents and maps, shall
be filed with the Construction Official, of which one shall be sent
to the Borough Engineer, and when a soil movement permit application
is part of a subdivision or site plan development application which
is before the Planning Board or Board of Adjustment, the appropriate
number of copies shall be distributed to the members of said reviewing
agency.
[2]
The Borough Engineer shall review the application and the accompanying
documents and make his report to the Planning Board within 45 days
of the date of application. This report shall indicate the status
of the application, soil movement volumes and any waivers being requested.
[3]
If in the opinion of the Borough Engineer the application is
not complete, the Engineer shall notify the applicant of the deficiencies,
in writing, within 45 days from the date of application. Proof of
liability insurance coverage may be supplied after review by the Planning
Board but before the issuance of a permit. The Borough Chief of Police
shall approve the route(s) of travel prior to issuance of a permit.
The time periods for review of the application shall be suspended
until complete information is submitted to the Borough and deemed
complete by the Borough Engineer.
[4]
Revisions.
[a]
Revisions and/or amendments to the application
must be made on the application form and initialed. Revisions and/or
amendments made by letter are not acceptable. Amended/supplemented
applications shall be filed with the Construction Official.
[b]
The Borough Engineer shall issue reports on same
within 30 days of their receipt.
[5]
If in the opinion of the Borough Engineer, the Planning Board
or the Health Officer physical examination or testing of soil to be
imported is required, the Borough Engineer or Planning Board shall
forward all pertinent materials to a soil consultant for his review
and to a certified soil testing laboratory for report within 30 days
from the date the application is deemed complete. The costs of such
review and report shall be paid by the applicant prior to action upon
the application. All importation of soil shall require the applicant
to submit a certification from the health officer, borough engineer
and/or other responsible party for soil in the municipality where
the soil is being imported from that the soil is free from contamination.
(b)
If Planning Board review of an application is required, the Borough Engineer or Planning Board shall, within 30 days after receipt of all reports required by Subsection C(7)(a) above, provided that the application has been deemed complete, notify the applicant of the time and place the Planning Board shall consider the application. A public hearing shall be held on all applications requiring Planning Board review. The applicant shall give notice of the time and place that the Planning Board shall consider the application, reports and recommendations in the following manner:
[1]
By publishing in an official newspaper of the Borough of Lodi
a notice, at least seven days prior to the date set by the Planning
Board for such hearing.
[2]
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 seven days
prior to the hearing date.
(c)
The affidavits of publication and service of notice shall be
filed with the Borough at or prior to the date of the hearing.
(d)
The Planning Board shall, within 30 days after the date of the
hearing, by resolution which sets forth in detail the type of development,
the soil movement involved, including quantities of soil and any other
recommendations or conditions for approval, grant or deny the application.
If the Planning Board fails to act, it shall be deemed a denial. However,
by a stipulation in writing signed by the applicant, the time for
decision by the Planning Board may be extended. All approvals shall
set forth the name of the applicant, the waivers requested and approved
by the Planning Board. It shall be the burden of the applicant to
prove the reasons why waivers should be granted. The Planning Board,
as part of the written resolution of approval, shall set forth in
detail its reasons for approval when such an approval is contrary
to any recommendation or opinion of any Borough department, commission
or board which has rendered its written report to the Planning Board.
(8)
Approvals. 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.
(9)
Disposition of soil movement permit application. The Borough Engineer
shall file a written report on at least a monthly basis with the Borough
Manager and Construction Official listing the disposition of all soil
movement permit applications during the review/processing period.
(10)
Issuance of the soil movement permit.
(a)
Soil movement permits shall be issued through the Borough Engineer's
office.
(b)
The permit shall indicate the permittee's name and telephone
number, the lot, block and street number, and the commencement and
completion dates.
(c)
The application form and the ordinance requirements shall be
deemed to be a part of the permit as if attached.
D.
Permit to be issued to owner; duration.
(1)
No soil movement permit shall be issued except to the owner(s) of
the premises.
(2)
No soil movement permit shall be issued for longer than one year
from the date of issuance.
(3)
The permit shall expire on the earlier of the date of completion
set forth in the application or one year from the date of issuance.
(4)
Permit extension requests must be submitted in writing to the Construction
Official a minimum of 30 calendar days prior to the date of expiration
of the permit.
(a)
The extension request must include the length of the requested
extension, indicate the new completion date, specifying day, month
and year, and indicate the volumes of soil remaining to be moved in
each of the categories shown on the standard reporting form.
(b)
The extension request must be accompanied by acceptable proof
of liability insurance coverage.
(c)
All requests for extensions shall be reviewed and approved or
denied in accordance with the procedure set forth herein for the different
types of applications.
(d)
If a soil movement permit expires prior to the applicant requesting,
in writing to the Construction Official, a formal extension of the
permit, all soil movement shall cease until a new permit is obtained.
A reinstatement request shall not be considered.
(e)
If a formal extension request has been submitted to the Construction
Official prior to the expiration of a permit, soil movement activities
may continue past the expiration date until such time as the Planning
Board or Borough Engineer, as appropriate, considers and reaches a
decision on the extension request.
A.
Commencement of work; nonassignability of permit.
(1)
In the event that soil movement is permitted, the work shall commence
within 60 days of the date of issuance of the permit. In the event
that the applicant fails to furnish the bonds or any other guaranty
required within 30 days from the approval date or in the event that
said work is not commenced within the sixty-day time limit, said soil
movement permit shall be deemed automatically revoked.
(2)
Soil movement permits shall not be assignable or transferable.
(3)
Requests for extensions of the commencement deadline shall follow the procedures set forth in § 470-3D(4).
(4)
Requests for reinstatement of permits deemed automatically revoked in accordance with Subsection A(1) above must be submitted in writing to the Construction Official.
(a)
The reinstatement request must indicate why the reinstatement
is required and explain the reason(s) that the approving authority
should consider the reinstatement request favorably.
(b)
All requirements for reinstatements shall be reviewed and approved/denied
in accordance with the procedure set forth herein for the different
types of applications.
B.
Declaration of default; effect. In the event that, in the opinion
of the Borough Engineer or such authority, commissions or consultants
of the Borough relied upon by him for their opinion, there is a willful
violation of any terms of the soil movement permit, or this chapter,
then the Engineer may certify in writing to the Planning Board, and
the Planning Board may, after notice to the applicant and affording
a hearing on the issue, declare a default and notify all persons having
an interest in or in charge of the project to discontinue the project.
The Borough Council may, at its option, revoke the soil movement permit
and/or call upon the surety to complete the project.
C.
Cost of traffic safety guard. In the event that the Borough's
Chief of Police 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 above, an additional amount to cover the Borough's
expenses of hiring a traffic safety guard or inspector.
D.
Topsoil removal.
(1)
If where soil moving is permitted any person, owner, developer or
excavator shall move topsoil within any premises, provision shall
be made for the storage of said topsoil within the boundary lines
of said premises in a manner approved as part of the soil movement
permit application.
(2)
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
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
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.
E.
Temporary change of grade. Where soil importation, deposition excavation,
moving or removing is permitted, no person, owner, developer or excavator
shall deposit soil upon, fill in or raise the grade of any lot without
first making provision for:
(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 abnormal shrinkage or settlement.
(2)
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 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, as determined by the Borough Engineer, provision shall
be made for the uniform placement/replacement 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 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 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 wetlands and watercourses.
(4)
Temporary slopes during construction which shall not exceed one foot
vertical to one foot horizontal (1:1) for a period of more than 24
hours, unless a safety fence or railing acceptable to the Borough
Engineer shall be installed along the entire top of the slope.
(5)
The control of stormwater runoff and erosion.
F.
Regulations governing soil movement operations. 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:
(1)
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/or environmental consultant
and covered with at least four feet of soil. No tree stumps shall
be buried or covered on the property.
(2)
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 Township
Engineer or his representative. Any use of chemicals for dust control
must be approved by the Borough Council by resolution.
(3)
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
the streets or roads. All streets, roads, highways, etc., within the
Borough of Lodi 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.
(a)
Cleaning operations shall be completed prior to 5:00 p.m. on
each day.
(b)
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.
(4)
All truckloads shall be fully covered (i.e., no soil visible) with
tarpaulins and, if deemed necessary by the Borough Engineer or his
representative, treated by water to prevent flying dust.
(5)
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.
(6)
All vehicles engaged in soil movement operations shall use as routes
of travel only those streets, roadways, highways, etc., within the
Borough of Lodi which have been approved by the Borough's Chief
of Police.
(7)
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 Lodi. All
excavations left open over night shall be fully encircled with protective
fencing, properly embedded/braced to the satisfaction of the Borough
Engineer.
(8)
No more soil shall be moved than is reasonably necessary for the
development and use of the land.
(9)
No soil movement shall be allowed which shall cause damage to adjacent
properties or prejudicially affect the values of adjacent properties.
(10)
When deemed necessary by the approving authority, the operation
must be conducted in a phased fashion so that soil movement in one
sector/section of the tract is completed and covered with planting
prior to the commencement of soil movement in another section of the
tract. Failure to adhere to this principle shall constitute a violation
of this chapter.
(11)
The Borough Engineer, members of the governing body, the Planning
Board, or any of their agents or experts, shall be permitted to inspect
the seeding and planting and general conduct of the soil movement
operations.
(12)
Excavation shall not be below applied-for grade levels and fill
shall not exceed applied-for grade levels by more than one foot, unless
approved by the approving authority.
(13)
Final grade level shall be determined by the Borough Engineer.
(14)
If prior to or during the course of soil movement operations
the Borough Engineer or the Health Officer determines that a physical
or chemical examination of imported material is required for protection
of public health and safety, the Borough Engineer may retain a soil
consultant to examine the fill material at the sole expense of the
permit holder. If the results of such examination indicate the presence
of material which is harmful, dangerous, toxic or hazardous to the
public, all soil movement activity shall cease and the soil in question
shall be removed in accordance with the directions of the Borough
Engineer at the sole expense of the owner(s).
(15)
All soil erosion and sediment control measures shall be installed
at the locations and in accordance with the details shown on the approved
plan, prior to the start of soil movement operations on the project.
(a)
All additional measures deemed necessary by the Borough Engineer
shall also be installed by the developer where and when directed by
the Engineer.
(b)
Once installed, said measures shall be properly maintained and/or
replaced as necessary to serve the function for which they are intended
and shall remain in place until their removal is approved by the Borough
Engineer in writing.
(c)
A change in the type of location of erosion control measures
from those shown on the approved plan shall not be permitted unless
approved by the Borough Engineer in writing.
(16)
Access to and egress from the site for soil movement operation,
delivery and/or construction purposes shall be by way of the stabilized
construction entrance(s) shown on the approved plans only. Use of
any other entrance or exit shall be deemed a violation of this chapter.
(a)
Construction entrances shall consist of two-and-one-half-inch-diameter
clean stone, six inches thick, underlain by a filter fabric for their
entire limits.
(b)
Construction entrances shall be of the sizes shown on the approved
plans; however, the minimum size shall be 12 feet wide and 50 feet
long.
(17)
Filter fence shall consist of a fabric approved by the County
Soil Conservation District, shall be supported on two-inch by two-inch
wooden posts spaced no more than eight feet apart and shall be embedded
into the soil for a minimum depth of six inches.
(a)
Mounding of soil on one or both sides of the filter fence to
simulate embedment will not be acceptable.
(b)
If hay bales are used instead of filter fence, they shall also
be embedded a minimum of six inches into the ground; they shall have
a minimum of two stakes extending through each bale into the ground
below a distance of six inches.
(c)
Filter fence and hay bales shall be expeditiously replaced (i.e.,
within 24 hours of notice) when deemed necessary by the Borough Engineer.
(18)
No soil shall be deposited, piled or stockpiled on paved portions
of municipal, county, state or private streets, roads, highways, etc.,
within the Borough of Lodi unless in connection with sanitary sewer,
drainage or utility (i.e., gas, water, electric, cable TV and/or telephone)
installations and/or repairs therein.
(a)
When soil so deposited on paved street surfaces is to remain
for more than four hours, a stone filter consisting of three-fourth-inch-diameter
clean stone, one foot wide and six inches high, shall be placed around
the entire limits of soil.
(b)
Except in emergency repair situations, no soil shall remain
piled or stockpiled on paved portions of streets overnight.
(c)
Stone used to construct ramps from pavement to top of curb must
be clean and not contain any dust or fines.
(19)
Track-driven earthmoving equipment shall not be unloaded onto
or driven upon any municipal, county, state or private street on which
a bituminous intermediate course or a bituminous surface course has
been placed.
(20)
Once the bituminous intermediate course on roadways and/or bituminous
intermediate or base course on parking areas or drives is placed,
stone inlet filters and/or filter fabric inlet filters shall be installed
around/on all inlets and maintained in place until the site is stabilized
and the Borough Engineer approves their removal in writing.
(21)
Wheel and vehicular wash facilities shall be situated on site
at locations which prevent the runoff and soil from such operations
from entering the street and any drainage facilities serving the right-of-way,
the project and/or surrounding properties.
(22)
A flagman or flagmen shall be provided by the applicant if deemed
necessary by the Chief of Police. Soil movement operations on streets
within the Borough shall cease unless and until such personnel is/are
provided.
(23)
Whenever soil is stockpiled overnight within or adjacent to
public or private rights-of-way, the stockpile shall be surrounded
with filter fence, hay bales, or stone filters to the satisfaction
of the Borough Engineer.
(24)
Soil movement equipment and other construction vehicles shall
be stored on the site when not in use or removed from the area. No
soil movement or other construction equipment shall be parked or stored
on any road, street, avenue, highway, right-of-way or easement within
the Borough during the day or night.
(25)
In the event that the applicant fails to adhere to any of the
above regulations within 24 hours from the time of notice to a representative
of the developer, either on the site or in the developer's office,
the Engineer shall have the authority to suspend all work on the project
until corrective actions are completed to the Engineer's satisfaction.
(a)
In this case, soil movement activities may not recommence until
a written reinstatement is issued by the Borough Engineer.
(b)
If the permit is not reinstated by the Engineer, the permittee
shall be entitled to a review of this suspension within 14 calendar
days by the Borough Council. In this case, soil movement may not recommence
until the Council passes a resolution reinstating the permit and any
and all conditions in said resolution are fully satisfied.
(c)
Should the developer fail to cooperate in adhering to a specific
regulation a second time, the Engineer's suspension of work shall
automatically be effective until such time as the Borough Council
considers the matter, passes a resolution of reinstatement, and any
and all conditions of said resolution are fully satisfied.
G.
Preservation of trees and natural topography. 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 in 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 the 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.
H.
Guarantees.
(1)
No soil movement permit shall be issued unless and until the owner
of the property shall have posted with the Borough of Lodi a cash
guaranty, or a performance guarantee or performance bond, in form
and with surety acceptable to the Borough of Lodi in such amount as
the Borough Engineer shall determine, conditioned upon full and faithful
performance by the owner, within the time specified in the permit,
of all the proposed work in accordance with the provisions of this
chapter and the terms and conditions of the soil movement permit issued
pursuant thereto. No letters of credit shall be accepted. Separate
guarantees as required by this chapter shall not be waivable by any
approving authority. In addition, the release of the guarantee or
bond shall be conditioned upon the repair, at the expense of the owner,
of any Borough street damaged by the transportation of soil material
or equipment used in connection with the operation if in the judgment
Borough Engineer such repairs are deemed to be necessary. The term
"expense" as used in this section includes the cost of supervision
of activities incurred by the Borough Engineer, the Borough Attorney
and/or other Borough personnel in connection with such repairs. The
cash guaranty, performance guaranty or bond shall not be released
until all soil deposited in storm drains or drainage facilities as
a result of the soil movement operation is removed to the satisfaction
of the Borough Engineer.
(2)
Each applicant shall post with the Borough a separate amount, in
the form of cash or a bond, to guarantee the proper revegetation and
stabilization of all disturbed land areas. This revegetation guaranty
shall be calculated at the current cost for complete stabilization
(including seed, fertilizer, mulch and fixative) for the entire site
plus the estimated cost for site and soil preparation, grading and
shaping. This revegetation guaranty may be called by the Planning
Board prior to expiration of the permit if, on the first day of September
in any year, in the opinion of the Planning Board, the applicant has
not as of that date satisfactorily revegetated the subject site or,
in the alternative, presented to the Planning Board signed contracts
guaranteeing completion of the revegetation on or before the 15th
of September. The Planning Board shall have the right to extend said
final date of completion for a reasonable period of time.
(3)
Upon the completion of all work for which a soil movement permit
has been issued, the owner shall submit a written request to the Construction
Official for the release of the performance and/or revegetation guarantees.
The Borough Engineer shall determine if the work has been performed
in accordance with the provision of this chapter and issue his recommendations
to the Planning Board. Upon receipt of the Borough Engineer's
certification that the work has been completed in a good and workmanlike
manner, the Borough Council shall consider the release of the performance
and/or revegetation guarantees.
I.
Contents of permit; execution of agreement. The soil movement permit
shall set forth all of the conditions under which the same was granted
and the time within which said soil movement shall be completed. If
the permit is issued by the Planning Board in conjunction with an
application for development, the applicant shall execute a developer's
agreement containing the terms and conditions of the permit. The soil
movement permit shall not be issued until the developer's agreement
is signed by all parties and until the performance and/or revegetation
guarantees are posted.
J.
Enforcement; inspections.
(1)
This chapter shall be enforced by the Borough Engineer, his representatives,
the Borough Council or its designee or members of the Township Police
Department.
(2)
On-site inspection of soil movement shall be restricted to the Borough
Engineer or his representatives, the Council's designee or members
of the Township Police Department.
K.
Exceptions to soil movement permit requirement. The requirements of § 470-3A and C(1)(d)[3], (2), (4), (5), (6) and (7) and § 470-4I and J shall not apply to the operations listed below.
(1)
Exemptions.
(a)
To excavations for building foundations or swimming pools, to
excavations for the installation of septic tanks or sanitary disposal
systems for which all applicable permits have been issued by the Borough's
Health Officer; to excavations for the installation of underground
gas, water, electric, cable TV and telephone lines, provided all other
required permits have been issued; to soil borings, test pit excavations
or hazardous waste cleanup operations.
(b)
The exception for foundation excavations 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 foundations 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)
In order to qualify for an exemption under this section, the
applicant must file in advance with the Construction Official a fully
completed soil movement application and a fee of $100 in lieu of the
normally required soil movement permit application fee.
(2)
Abandoned wells, septic systems, cisterns or swimming pools may be
filled in without a permit, provided that the owner or his agent files
a soil movement permit application with the Construction Official
with sufficient information for the Borough Engineer to approve the
work prior to commencement of the work. There shall be a one-hundred-dollar
fee for processing and review of the application and plan in lieu
of the normally required soil movement permit application fee.
(3)
A maximum of 20 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 Construction
Official prior to commencement of the 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 a larger parcel upon which additional soil removal is, has
been or is to be performed.
(4)
For good cause, the reviewing/approving authority may require full
compliance by an excepted application with all ordinance regulations
for soil movement.
A.
Temporary suspension of permit.
(1)
The Borough may revoke any permit granted under this chapter if the
operation causes any nuisance which can be shown to have been caused
by the actions or inaction of the applicant or its agents, servants
or employees and which is prejudicial to the public health, welfare
and/or safety. A nuisance may be declared to exist only after a hearing
before the Borough Council.
(2)
If in the opinion of the Borough Engineer the work is being conducted
in a manner which immediately affects the public health, safety or
welfare, the Borough Engineer may immediately suspend the permit.
If the unacceptable condition is corrected/eliminated, the Borough
Engineer may reinstate the permit. Soil movement activities may not
recommence until a written reinstatement is issued by the Borough
Engineer. If the permit is not reinstated by the Engineer within 72
hours, the permittee shall be entitled to a review of the suspension
at the next regular council meeting by the Planning Board. In this
case, soil movement may not recommence until the Planning Board passes
a resolution reinstating the permit and any and all conditions in
said resolution are fully satisfied.
(3)
When, in the judgment of the Chief of Police or his designee, soil
movement operations cause a serious and continued impediment to the
passage of public traffic or endangers the public health, safety or
welfare, the Chief of Police or his designee is authorized to temporarily
halt such operation until the danger to the public's health,
safety and welfare is abated. The judgment of the Chief of Police
or his designee, exercised in good faith, shall be conclusive. In
such cases, soil movement activities shall not commence until the
Chief of Police reinstates the permit in writing.
(4)
All complaints regarding soil movement from anyone shall be submitted
orally or in writing to the Borough Manager, his designee or the Police
Department.
B.
Refund of fees or charges on account of revocation or suspension.
(1)
This section is hereby made a part of each and every permit hereafter
issued by the Borough, and acceptance of such permit shall constitute
complete acquiescence by the principal and surety on any guarantees.
(2)
No fee or other charge (or portions thereof) shall be refunded following
revocation or suspension of any permit.
C.
Appeal to Planning Board; suspension or revocation. Any person aggrieved
by the action of the Borough Engineer and/or his representative(s),
the Chief of Police or his duly authorized designee, an individual
member of the Planning Board or the Planning Board's authorized
designee, with reference to suspension or revocation of a permit as
provided in this chapter, shall have the right to appeal to the Planning
Board within 14 days after notice of the action complained of. Appeals
shall be filed in writing with the Construction Official. Upon receipt
of an appeal, the Planning Board shall set a time and place for a
hearing on such appeal, and notice of such hearing shall be given
to the appellant. The decision and order of the Planning Board on
such appeal shall be final and conclusive.
D.
Expiration of permit.
(1)
All permits issued under the provisions of this chapter shall expire
on the completion date specified on the permit issued.
(2)
If a soil movement permit expires prior to the applicant requesting
an extension, the applicant cannot then request an extension, but
must make application for a new permit, submitting the application
fee reflecting soil movement remaining as of the date of the new application.
A.
The Planning Board shall at all times have the right, by resolution,
to waive any one or more of the provisions contained in this chapter
when it is satisfied that the waiving of such provision shall not
adversely affect the Borough or substantially impair the intent and
purpose of this chapter, unless this chapter specifically provides
that there shall be no waiver of a particular section or subsection.
B.
The Planning Board reserves the right to impose further and additional
conditions and restrictions as it may deem necessary and proper to
further the purposes of this chapter subsequent to the initial issuance
of the permit and start of soil movement operations.
A.
Any person who shall violate this chapter shall, upon conviction
thereof, pay the highest possible fine not exceeding $2,000 and/or
be imprisoned in the County Jail for a term not exceeding 90 days
and/or up to 90 days of community service. Each day that a violation
exists shall constitute a separate offense.[1]
B.
In addition to the above penalty, the Municipal Court shall order
restitution to be made by the person who has violated this chapter;
the restitution shall consist of restoration of the property to the
condition it was in prior to the violation in a manner which is as
practical as possible. The restitution shall be the cost and expense
of the person or persons who have violated this chapter, and the plan
for restitution shall be approved by the Borough Engineer prior to
the actual restitution of the property being done. The restitution
shall consist of, but not be limited to, regrading the placement of
topsoil, seeding and other revegetation; all approved by the Borough
Engineer prior to any work being done. No soil movement permit shall
be needed for this restitution of the property, that is, the restoration
to its prior condition, provided the plan has been approved in writing
by the Borough Engineer.
C.
The Planning Board, in its discretion, may order any person who shall
violate this chapter to restore the property, as nearly as is reasonably
possible, to its condition immediately prior to the violation, at
that person's sole cost and expense. The applicant shall present
a plan of restoration and/or revegetation for approval by the Planning
Board within a time frame established by that Board. Failure to present
an acceptable plan of restoration and/or revegetation within the time
period established by the Planning Board shall constitute a violation
of this chapter.
The Planning Board shall at all times be the final and ultimate
power with respect to the issuance of permits as provided by this
chapter and the suspension, revocation or conditioning of all soil
movement permits.
