[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 10-5-1982 by Ord. No. 732-82 (Ch. 165 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LANDFILL OPERATION
- The depositing, filling or placement of soil on property for the purpose of filling, leveling or grading on such property.
- Any person seized in fee simple of any lot or portion thereof or having such other interest or estate therein as will permit the exercise of effective possession thereof or dominion thereover.
- Any individual, firm, association, partnership, corporation or any other type of entity.
- RIPARIAN LAND
- Land now or formerly under water.
- Any earth, sand, clay, loam, gravel, humus or rock, or mixtures of any of these.
- SURCHARGING OF LAND
- The temporary placement of fill on a property surface above the final grade for the purpose of consolidating subsurface materials.
No landfill operation or surcharging of land shall occur in the Borough of Edgewater unless and until a permit is acquired from the municipality therefor.
An application for a permit shall be made to the Mayor and Council by the filing of an appropriate application, forms of which are available through the Borough Clerk. Said application shall be filed in triplicate.
No application shall be made for a permit under the provisions of this chapter and no permit shall be granted for any operation or site which would be in conflict or noncompliance with any zoning ordinance of the Borough.
Simultaneously with the filing of the application for a permit, the applicant shall submit satisfactory proof that all taxes have been paid on the lands comprising the site of the proposed landfill or surcharging operation for which a permit under this chapter is sought.
The application for a permit hereunder shall be accompanied by the following information and a site plan prepared by a licensed engineer, indicating the following:
The applicant's estimate of the time necessary to complete the proposed landfill or surcharging operation.
The boundary lines of the whole tract of land within which the proposed landfill or surcharging operation will take place.
The lot and block numbers of all adjoining lands as shown on the Official Tax Map and identification of the owners thereof within 200 feet.
Contour lines showing elevations of the site at the time of the commencement of the operation.
Contour lines showing proposed elevations planned for the site subsequent to the landfill or surcharging operation.
The location of all access roads and other roads adjoining the property.
The location and inclination of all slopes to be created, including proposed finished grade.
Description and details of proposed safety measures to be taken during operations to eliminate unsafe and hazardous conditions, extensive erosion and ponding of water.
If the operation is to be performed by an individual other than the person owning the premises, evidence of the landowner's consent shall also be submitted.
Approximate location of structures, where existing. If no such structures exist within 200 feet of the premises, a note on the map should so state.
Whether the property constitutes riparian land as defined in this chapter.
Prior to the issuance of any permit under this chapter, the applicant shall deposit with the Borough an escrow in the amount of $2,500.
An application for a permit under this chapter shall be accompanied by a certificate of public liability insurance reflecting the issuance of such a policy to the applicant, wherein the Borough is named as coinsured for damages arising out of any activity of the applicant under a permit issued under this chapter, in an amount not less than $500,000/$1,000,000 for death or bodily injury and $50,000/$100,000 for property damage.
All permits issued under this chapter shall be valid for a period to be determined by the Mayor and Council but in no case longer than one year from the date of its issuance.
If the landfill operation or surcharging of land for which a permit was issued has not been completed by the expiration date of the permit, the Mayor and Council shall give notice by certified mail to the person to whom the permit was issued that there has been a default in performance, and 60 days subsequent to the giving of such notice, the Mayor and Council may commence utilization of the escrow funds submitted by the applicant pursuant to § 235-5 in order to correct any unsafe condition.
The Mayor and Council, in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Surface water drainage.
Slopes and lateral support of abutting streets and lands.
Land values and uses.
Existing contours and topographic character of the land prior to the commencement of the landfill or surcharging operation and the proposed contours which will result to the aforesaid operation.
Whether the proposed landfill or surcharge is necessary and incidental to the development of the property for its intended use or whether the proposed operation constitutes primarily a commercial activity.
Such other factors as may bear upon or relate to the coordinated adjustment and harmonious physical development of the Borough.
In the event that permission is not granted by the Mayor and Council for the issuance of a permit, the applicant, upon written request for a hearing made to the Mayor and Council, shall be given an opportunity to be heard within 30 days thereafter.
Any permit issued under the provisions of this chapter shall be authorized by formal resolution of the Mayor and Council. Said resolution may include conditions of approval reasonably related to the protection of the public health, safety and welfare.
An application for a permit under the provisions of this chapter shall be accompanied by an application fee of $100.
The cost of legal, engineering or other expert advice incurred by the Borough in reviewing the application shall be reimbursed to the Borough by the applicant prior to the issuance of the permit; provided, however, that the cost of such fees shall not exceed the sum of $1,000.
When the landfill operation or the surcharging of land has been completed, the person conducting same shall notify the Mayor and Council in writing of the completion thereof and shall send a copy thereof to the Construction Official and to the Borough Engineer. In the event that the Mayor and Council determine that the work has been completed in accordance with the terms of the granting of the permit, and such completion has been approved by the Construction Official and/or the Borough Engineer, the Mayor and Council shall authorize the applicant's escrow funds to be released. In the event that such work has only been partially completed at the time the application is made to release of the escrow funds, the Mayor and Council shall not release such funds.
The Construction Official and the Borough Engineer shall be responsible for the enforcement of the provisions of this chapter.
In the event that a landfill operation or surcharging of land takes place on riparian land, in addition to the information the applicant is required to submit pursuant to §§ 165-3 and 165-4 of this chapter, the applicant shall further submit a copy of the permit granted by the State of New Jersey, Department of Environmental Protection, Division of Navigation, together with proof of authority to conduct such landfill or surcharging operation. If, in the opinion of the Borough Engineer, the fill operation would be subject to the rules and regulations of the Army Corps of Engineers, then the applicant shall submit proof of compliance with said rules and regulations.
A permit issued under the provisions of this chapter may be revoked by the Mayor and Council for violation of any of the terms and conditions under which such permit was granted; provided, however, that the person to whom such permit was issued shall have reasonable notice and an opportunity to be heard prior to such revocation.
It shall be unlawful for any person to place, deposit, dump or accumulate upon any public street, sidewalk or public place or any private lot or land within the Borough of Edgewater any fill not satisfying the definition of soil as defined in § 235-1 of this chapter.
It shall further be unlawful for any person to dump or accumulate in any area within the Borough of Edgewater, for fill purposes, any barrels, boxes, cans, glass, bottles, papers or containers, abandoned automobile or automobile parts, garbage, rubbish, dead vegetation, leaves, uprooted or cut-down trees, branches, stumps, castoff organic building materials, trash, debris or any other matter whatsoever. The terms herein included shall not be interpreted to be all-inclusive.
During the course of any landfill or surcharging operations being conducted under a permit issued under this chapter, the height of such stockpile fill may at no time exceed the height produced by the discharge of an approved licensed dump truck. No such fill shall be placed nearer than 50 feet to any existing street, building or residential zone.
The applicant shall be required to control any filled-in land or stockpiled fill as to dust or dirt problems by use of water, chemicals or whatever means may be necessary to control same.
No person or owner shall compact soil or surcharge land by means of the process known as "dynamic compaction." As used herein, the term "dynamic compaction" shall mean the process of dropping a weight raised on a boom which by free fall causes soil to be compacted within the area of operation.
[Added 12-16-1996 by Ord. No. 1083-96]
Any person violating the provisions of this chapter shall be subject to the penalties provided in Chapter 1, Article II, General Penalty. Each day of each violation shall be considered a separate offense.
In the event that any person shall place on property any material in violation of the terms of this chapter, the Mayor and Council may provide for the removal of such material under the direction of the Borough Engineer, and the expense of such removal shall be certified by the Borough Engineer to the Collector of Taxes and shall be and remain a lien on such property until paid.