[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:
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.
Land now or formerly under water.
Any earth, sand, clay, loam, gravel, humus or rock, or mixtures
of any of these.
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.
A.
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.
B.
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.
C.
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:
A.
The applicant's estimate of the time necessary to complete the
proposed landfill or surcharging operation.
B.
The boundary lines of the whole tract of land within which the proposed
landfill or surcharging operation will take place.
C.
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.
D.
Contour lines showing elevations of the site at the time of the commencement
of the operation.
E.
Contour lines showing proposed elevations planned for the site subsequent
to the landfill or surcharging operation.
F.
The location of all access roads and other roads adjoining the property.
G.
The location and inclination of all slopes to be created, including
proposed finished grade.
H.
Description and details of proposed safety measures to be taken during
operations to eliminate unsafe and hazardous conditions, extensive
erosion and ponding of water.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.[1]
A.
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:
(1)
Soil erosion by water and wind.
(2)
Surface water drainage.
(3)
Slopes and lateral support of abutting streets and lands.
(4)
Land values and uses.
(5)
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.
(6)
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.
(7)
Such other factors as may bear upon or relate to the coordinated
adjustment and harmonious physical development of the Borough.
B.
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.
C.
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.
A.
An application for a permit under the provisions of this chapter
shall be accompanied by an application fee of $100.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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]
A.
B.
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.
