As used herein, the following terms shall have the meanings
indicated:
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of one or more dwelling houses or business or industrial
buildings for the purpose of sale to or occupancy by another person
or persons.
EXCAVATOR
Any person who:
A.
Moves soil to, on or from any lot having an area in excess of
5,000 square feet; or
B.
Moves in excess of 50 cubic yards of soil to, on or from any
lot.
LOT
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records either
in the office of the Tax Assessor of the Borough or in the office
of the Bergen County Clerk. If two or more parcels of land are shown
as separate parcels upon the maps and records in the office of the
Tax Assessor of the Borough or in the office of the Bergen County
Clerk, but are contiguous and owned by the same person, such parcels
shall, for the purposes of this chapter, be deemed to be one lot.
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 dicing 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 or dirt,
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.
Any soil movement within the boundaries of a lot less than 150
cubic yards, in connection with the construction, alteration, or landscaping
of a dwelling house or use accessory to a dwelling house, shall not
be required to obtain a permit, provided that a sworn statement is
filed with the Secretary of the Planning Board, stating:
A. The name of the applicant.
B. The name of the owner of the lot.
C. The lot and block number of the lot, as shown on the Tax Assessment
Map of the Borough.
D. The number of cubic yards to be moved.
E. The purpose for moving the soil.
F. The place, if any, from which soil is to be moved.
G. The place, if any, to which soil is to be moved.
H. The date upon which moving is to commence.
I. The date upon which moving is to terminate.
The Zoning Officer shall issue permits only after approval by
either the Borough Engineer or the Planning Board.
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 Zoning
Officer, the applicant shall set forth, in duplicate:
(1) The identity and address of the applicant.
(2) The description of the lands in question.
(3) The identity and address of the owner of the lands. If the owner
is a person other than the applicant, the owner shall signify his
consent to the application by signing it along with the applicant.
(4) The purpose or reason for moving the soil.
(5) The kind and quantity, in cubic yards, of soil to be moved.
(6) In case of removal, the place to which the soil is to be removed
and the kind and quantity of soil to be removed.
(7) The proposed date of completion of the work.
(8) Such other pertinent data as the Planning Board may, by resolution,
require.
B. Topographical map. Accompanying the application shall be a topographical
map, prepared and certified by a licensed civil engineer and land
surveyor, in duplicate, showing:
(1) The dimensions of the lot and the lot and block number of the lot
and each abutting lot.
(2) The present grades, on a one-hundred-foot grid layout.
(3) The proposed grades at said points when the work has been completed.
(4) The quantity, in cubic yards, of soil involved in the work, as computed
from cross sections which shall be shown on the map.
(5) The grades of all abutting streets and lots.
(6) Present and proposed surface water drainage and any existing proposed
appurtenances therefor.
(7) Proposed slopes and lateral supports.
(8) The location of all trees having a diameter of six inches or more
at the base.
(9) The route of travel within the Borough for approval by the Police
Department and Engineer.
(10)
An as-built plan prepared by a licensed engineer or land surveyor.
(11)
Such other pertinent data as the Borough Engineer or the Planning
Board may hereafter, by resolution, require.
C. Permit fee.
(1) The application shall be submitted to the Zoning Officer or the Secretary of the Planning Board, with a fee
to the order of the Borough in an amount computed at the rate of $0.10
per cubic yard multiplied by the number of cubic yards to be moved,
as stated in the application and certified on the topographical map;
provided, however, that in no event shall such fee be less than $75.
In the event of refusal of the soil removal permit, as hereinafter
provided, all that portion of the fee in excess of $75 shall be refunded
to the applicant upon application therefor.
(2) An estimated deposit for a fee for the Board Engineer's review
of said application and site observations shall be posted to an escrow
account. All charges made against said account by the Board Engineer
shall be verified by vouchers submitted to both the Borough and applicant
and shall be based upon time expended by the Engineer. Said fee deposit
shall be established in accordance with the schedule below:
Lot Size
(cubic yards)
|
Fee Deposit Amount
|
150 to 250
|
$300
|
251 to 350
|
$500
|
Over 350
|
$1,000
|
D. Review of application; hearing. Within 30 days after receipt of the
application, the Borough Engineer and/or Planning Board shall review
and consider the application and render its report and recommendation
and/or approval to the Zoning Officer and/or the Secretary of the
Planning Board, who shall grant or refuse the permit in accordance
with the recommendation. Notice of the time and place of the Planning
Board's consideration of the application shall be given by registered
mail to the applicant, who shall have the right to present additional
or corroborative evidence.
E. Permit form and conditions. The soil removal permit shall be in such
form as may be prescribed by the Planning Board and shall contain
any special conditions set forth in the recommendation.
In considering and reviewing the application, the Planning Board
shall be guided by the general purpose of municipal planning and shall
take into consideration the following factors:
A. Soil erosion by water and wind.
B. Surface and subsurface water drainage.
D. Lateral support of abutting streets and lands.
E. Public health and safety.
G. Preservation of trees and shrubbery.
H. Prevention of sharp declivities, pits and depressions.
I. Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
No developer or excavator shall, at any time in the course of
the work, dig or excavate more than six inches below the proposed
final grades as shown on the topographical map unless:
A. The soil removal permit specifies otherwise, and the performance
bond, hereinafter referred to, makes specific provision for replacement,
on or before the completion date set forth in the soil removal permit,
of soil of sufficient quantity and kind to restore the final grades
to those shown on the topographical map; or
B. After issuance of the soil removal permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the Planning Board and be granted an amendment of the application
and topographical map then in effect, which amendment may be granted
upon such terms as the Planning Board may deem necessary to assure
adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil upon, fill in,
or raise the grade of any lot without first making provision for:
A. The use in said work of soil or such other materials as will not
result in deviation from the proposed final grades or the uniformity
thereof by reason of abnormal shrinkage or settlement.
B. The collection and storage upon the lot of the original topsoil to
the end that said topsoil shall not be buried beneath soil or other
material of inferior quality, and the uniform replacement of the topsoil
so stored over the entire area or surface of the fill soil or other
material, so that the final grade or grades of said replaced topsoil
shall be in accordance with the proposed final grades shown on the
topographical map. In the event that such provision is not practicable,
provision shall be made for the uniform placement over the entire
area or surface of the fill soil or other material, excepting only
such portions thereof as shall be or shall have become permanently
covered by a building or structure, street pavement, curb, sidewalk,
driveway or other paved area, or by any body of water or waterway.
The said topsoil shall not be 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.
No soil removal permit shall be issued unless the applicant
therefor shall have posted with the Secretary of the Planning Board
a performance bond to the Borough as obligee, in form and with the
surety acceptable to the Borough, in such amount as the Planning Board
Engineer shall determine, and conditioned upon full and faithful performance
by the principal, within the time specified in the application, of
all the proposed work in accordance with the provisions of this chapter
and of the soil removal permit issued pursuant hereto. Residential
application is not required under 250 cubic yards.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both, for
the first offense and, for subsequent offenses, a fine not exceeding
$2,000, imprisonment for up to 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.