As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
A legal or beneficial owner or owners of land or their prescribed
agents who propose to move, are moving or have moved soil under the
provisions of this chapter.
CLEAN FILL
An uncontaminated, non-water-soluble, nondecomposable, inert
solid, such as rock, soil or gravel. Clean fill shall not mean mixed
construction and demolition debris, including but not limited to wallboard,
plastic, wood or metal. The non-water-soluble, nondecomposable inert
products generated from an approved State of New Jersey Class B recycling
facility are considered clean fill.
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour; transport
or supply. This term shall not be construed to include plowing, spading,
cultivating, harrowing or discing of soil, or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock, dirt, mulch,
wood chips, grass clippings, tree stumps or any mixture thereof without
regard to the presence or absence therein of organic matter.
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.
All applications for soil removal permits shall be filed with
the Property Maintenance Officer who shall refer same to the Borough
Engineer. The Property Maintenance Officer shall administer the applications
and permits and act as liaison between applicants and the Borough
Engineer. The Borough Engineer may confer with Applicant's professionals
during the course of the permit process.
The procedure for applying for and issuance of a soil removal
permit shall be as follows:
A. Form of application. On forms prescribed and supplied by the Borough,
the applicant shall set forth, in duplicate:
(1) The name, address and telephone contact information of the applicant.
(2) The block and lot number(s) of lands in question.
(3) The name, address and telephone contact information of the owner
of the lands; if the owner is a person other than the applicant, the
owner shall signify his or her consent to the application by signing
it along with the applicant.
(4) The name, address and telephone contact information of the contractor
moving the soil.
(5) The purpose or reason for moving the soil.
(6) The quantity in cubic yards of soil to be moved.
(7) In the case of removal, the place to where the soil is to be removed,
and the quantity of soil to be removed.
(8) In the case of importation of soil, the owner, address and location
from which soil is to be obtained and a brief history of the site
which is the source of the soil.
(9) In the case of importation of soil, a certification from the soil
supplier that the soil being imported is clean fill as defined in
this chapter.
(10)
The anticipated duration of the work being done pursuant to
this chapter.
(11)
Truck route for importing or exporting soil in excess of 200
cubic yards.
(12)
Such other pertinent data as the Borough Engineer may require.
B. Topographical map. Accompanying the application shall be a topographical
map, prepared by a licensed civil engineer, landscape architect or
land surveyor, in duplicate, showing:
(1) Title block, North arrow, scale, and date of map.
(2) The dimensions of the lot and the lot and block number of the lot
and each abutting lot.
(3) The present grades, through contour lines and published spot grades.
(4) The proposed grades, through contour lines and published spot grades.
(5) The quantity, in cubic yards, of soil involved in the work, as computed
from cross sections which shall be shown on the map.
(6) The grades of all abutting streets and lots.
(7) Present and proposed surface water drainage and any existing or proposed
appurtenances therefor.
(8) Proposed slope grades, lateral supports and retaining walls.
(9) The location of all trees having a diameter of four inches, or more,
at 4 1/2 inches above the ground.
(10)
Such other pertinent data as the Borough Engineer may require.
(11)
Soil erosion and sediment control measures in accordance with
the most current Standards for Soil Erosion and Sediment Control in
New Jersey, pursuant to the Soil Erosion and Sediment Control Act
of 1975.
(12)
The location of filter equipment and pool backwash disposal
for all applications associated with swimming pool construction.
(13)
The location of existing and proposed structures with dimensions.
(14)
The location of delineated floodways, floodplains, regulated
wetlands and wetland buffers.
(15)
The location of existing easements and their purpose.
C. Permit fee and deposits for costs.
(1) The application shall be submitted to the Property Maintenance Officer
with a fee and escrow deposit for costs in an amount computed as provided
herein.
(2) Deposits for costs shall be used for the costs associated with the
review of the application and for field monitoring inspections and
reports to the Mayor and Council or Property Maintenance Officer during
soil movement activities. Unused portions of the engineering escrow
deposit shall be refunded to the applicant upon approval of completion
of activities by the Borough Engineer.
(3) If, prior to completion of the permit requirements, the engineering
escrow account should be depleted, the applicant shall deposit additional
funds in the escrow account as estimated by the Borough Engineer to
bring the project to completion.
(4) The Borough may require the applicant to submit an escrow deposit
for street cleaning for applications which require extended periods
of soil movement. The escrow deposit will be determined by the Borough
Engineer on a case-by-case basis. If, during the course of construction,
the applicant fails to clean streets following proper notice by the
Borough Engineer or Property Maintenance Officer, the Borough may
use funds from the street cleaning escrow account to accomplish same.
D. Drainage calculations and observations.
(1) Drainage calculations, signed and sealed by a licensed professional civil engineer, shall be submitted for applications which, in the opinion of the Borough Engineer, may alter the preexisting stormwater discharge pattern which exits from the site in question. The stormwater discharge rate and total volume to neighboring properties must be maintained or reduced during or following soil movement. The drainage calculations shall demonstrate compliance with this section of the Code and be prepared using the criteria set forth in the latest edition of the New Jersey Residential Site Improvement Standards (NJRSIS) Section 5:21, Subchapter 7 or Chapter
231 of the Borough Code as applicable.
(2) Applications which propose the use of groundwater infiltration shall
be accompanied by a soil log with the site's seasonal high groundwater
elevation, certified by a licensed professional civil engineer. In
lieu of a soil log, the applicant's engineer may perform a percolation
test.
(3) Percolation tests and the installation of the groundwater infiltration
system must be witnessed by the Borough Engineer or his representative.
The applicant's engineer shall contact the Borough Engineer a
minimum of 48 hours prior to the test and construction of the infiltration
system to schedule an inspection.
E. Soil testing. Prior to or during the course of soil importation,
the Borough Engineer shall determine if testing of the soil is required
to protect public health and safety. If testing is required, the applicant
shall provide soil testing results from a certified soil testing laboratory
that the material is classified as clean fill. The sole expense of
soil testing shall be borne by the applicant. If the results of the
testing indicate the presence of material which is harmful, dangerous,
toxic or hazardous to the public, all soil importation activities
shall cease, and the soil in question shall be removed in accordance
with direction by the Borough Engineer or Property Maintenance Officer.
F. Soil erosion control. The applicant is required to comply with the
State of New Jersey's Soil Erosion and Sediment Control Act and
is required to obtain certification from the Bergen County Soil Conservation
District for those applications required to do so.
In considering and reviewing the application, the Borough Engineer
shall be guided by the general purpose of municipal planning and shall
take into consideration the following factors:
A. Prior development approvals;
B. Soil erosion by water and wind;
C. Surface and subsurface water drainage;
E. Lateral support of abutting streets and lands;
F. Public health and safety;
H. Preservation of trees and shrubbery;
I. Prevention of sharp declivities, pits and depressions;
J. Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough;
K. Consistency with the Bergen County Soil Conservation District standards;
L. The route that soil-moving vehicles will use, and the adequacy of
the public streets to accommodate the same;
M. Proximity to wetlands, riparian and flood hazard areas; and
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 Natural Resources
Conservation Service, 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.
For the purpose of administering and enforcing this chapter,
any duly authorized officer, agent or employee of the Borough, including
the Borough Engineer, 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.
The following fee schedule shall be applicable to soil movement:
Volume of Soil to be Moved
(cubic yards)
|
Filing Fee
|
Engineering Escrow
|
---|
50 to 200
|
$50
|
$600
|
Over 200
|
$75
|
$750
|
Over 500
|
$100
|
$1000
|
Over 1,000
|
$125
|
$1250
|
Over 5,000
|
$150
|
$1750
|
Over 10,000
|
$150
|
$2,500
|
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and
to this end, the provisions of this chapter are hereby declared to
be severable.
All other ordinances of the Borough, or parts thereof, which
are in conflict with this chapter are hereby repealed to the extent
of such conflict.
This chapter shall take effect upon passage and publication
as required by law.