[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 10-16-1984 by Ord. No. 798-84 (Ch. 218 of the 1975 Code). Amendments noted where applicable.]
The Mayor and Council hereby finds and determines that:
The uncontrolled and unregulated disturbance, excavation, filling, relocation and removal of soil have resulted and will result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Borough to effectuate the general purpose of municipal planning; and
Continuation of the unregulated and uncontrolled disturbance, relocation, filling, excavation and removal of soil will result in serious and irreparable damage to the public health and welfare by reason of conseqent erosion by water and wind; inadequate and improper surface water drainage; decrease in or destruction of the fertility of soil; removal of lateral support of abutting streets, lands and premises; creation of dangerous depressions or pits; deterioration of property values; rendering of lands unfit or unsuitable for the most appropriate uses and creation of other factors or elements hampering and deterring the coordinated, adjusted and harmonious development of the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to maps and records, or either, in the office of the Borough Tax Assessor or the office of the Bergen County Clerk. Included herein shall be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to maps and records, or either, in the office of the Tax Assessor or the County Clerk.
- To dig; to disturb; to excavate; to remove; to deposit; to place; to fill; to grade, regrade, level or otherwise alter or change the location, elevation or contour; to transport; to supply; provided, however, that nothing in this chapter shall be construed to include the plowing, spading, cultivation or harrowing of soil or any other operation usually or ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
- Any person seized in fee simple of any lot or parcel or lessee or agent of such person or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.
- Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, or the agents or persons acting under the authority thereof, as well as individuals.
- Any earth, sand, clay, loam, gravel, humus, rock or dirt, or a combination of any such substances, without regard to the presence therein of organic matter.
- 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.
No owner of any lot in the Borough or other person shall cause, allow, permit or suffer any soil in and upon such lot to be moved by any person until a soil permit may be obtained therefor, in accordance with the provisions of this chapter.
Notwithstanding anything to the contrary contained in Subsection A of this section, no soil permit shall be required in connection with the following:
Where the amount of soil to be moved constitutes a volume of less than one-hundred-cubic yards and an elevation of two feet or less. In the event that a person desires to remove soil from the premises which consists of less than one-hundred-cubic yards in volume, such person shall follow the procedures set forth in Subsection C of this section.
Where approval has been granted for the construction or alteration of a building or structure pursuant to a resolution adopted by a land use agency of the Borough and/or a permit has been issued therefor by the Construction Official.
Any movement of soil ordered or contracted for by the Mayor and Council.
Public improvements, including but not limited to the construction of public buildings, utilities, streets and drainage facilities.
Any person desiring to remove soil from the premises shall apply to the Construction Official of the Borough of Edgewater for permission for the removal of same where the amount constitutes a volume of less than one-hundred-cubic yards. The Construction Official shall consider and review such application and, in arriving at his decision, shall consider the factors set forth in § 362-9 of this chapter as to whether approval may be granted without detriment to the public health, welfare and public safety. In the event that permission is denied by the Construction Official, the applicant may appeal such decision, in writing, to the Mayor and Council and shall be given an opportunity to be heard.
The Mayor and Council is hereby designated as the referral agency to review, consider and approve applications for soil permits under this chapter. Upon approval by the Mayor and Council, the soil permit shall be issued by the Borough Clerk or Construction Official, as designated by the Mayor and Council.
Application for a soil permit shall be filed in duplicate with the office of the Borough Clerk on forms prescribed by the Mayor and Council.
The applicant shall set forth the following:
The name and address of the applicant.
Description of the lands in question.
The name and address of the owner of the lands.
The purpose or reason for moving the soil.
The kind and quantity in cubic yards of soil to be moved.
In case of removal from the lot, the place to which the soil is to be removed, the proposed route of the vehicles within the Borough along which the soil is to be transported and the kind and quantity of soil to be moved.
The proposed date of completion of the work and proposed hours of operation.
The type of measures to be employed in screening the site from surrounding properties and the type of fencing, if any, to be erected during the soil movement operation.
The application described in § 362-5 shall be signed by the applicant. It shall also be endorsed by the owner or owners of the land, signifying that such persons approve of the application, consent to the applicant performing the proposed work, and consent to the Borough, in the event of the failure of the applicant to do so, to cause the proposed work to be completed or terminated in accordance with the purposes or objectives of this chapter.
The application for a soil permit shall be accompanied by at least two prints of a topographical map of the lot upon which the proposed soil moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of said lot. The map shall be prepared and certified by a licensed professional civil engineer or a licensed land surveyor. Said map shall, both as to the lot and all surrounding land, show the following:
The dimensions of the lot and the lot and block numbers of the lot and of each lot in the surrounding lands as shown on the Tax Assessment Map of the Borough.
Present contour lines and contour grades of the land to be shown at five-foot contour intervals for slopes in excess of 10% and at two-foot intervals for lands of lesser slope.
Proposed contour lines and proposed contour grades resulting from such intended removal of soil at intervals as set forth in Subsection B of this section.
Grades of all abutting streets, lots and lands.
The location of all structures within 200 feet of the property.
Such other pertinent data as the Mayor and Council may require.
The fee for a permit under this chapter shall accompany the application. Such fee shall be computed at the rate of $0.05 per cubic yard multiplied by the number of cubic yards to be moved, as stated in the application certified on the topographical map. In no event, however, shall the permit fee be less than $50.
In addition to the fee set forth in Subsection A above, each applicant for a soil permit shall pay for all expenses incurred by the Borough for engineering services and reports, inspection fees and legal fees in processing the application. Such fees or the estimate thereof shall be paid prior to the issuance of the soil permit.
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.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Public health and safety.
Such other factors as may bear upon or relate to the coordinated adjusted and harmonious physical development of the Borough.
Prior to rendering a decision on the application, the Mayor and Council may designate the Borough Engineer and/or Construction Official to make a report concerning site inspection and the effect of the movement of soil at or from the location.
If, after examining the application and the map provided for in § 362-7 and after holding a hearing on the application as required by § 362-10 of this chapter, the Mayor and Council shall be of the opinion that the proposed soil movement satisfies the criteria of Subsection A of this section and will not result in the creation of any surface declivities, pits or depressions, soil erosion or fertility problems, lateral support problems or other conditions of danger, permission to move the soil may be granted. Such permit shall be effective for a period of time to be determined by the Mayor and Council and may contain any special conditions deemed necessary by the Mayor and Council.
In addition to such conditions that the Mayor and Council deem necessary for the safety and welfare of the Borough, the Mayor and Council may further condition approval of the application upon the applicant obtaining, where required, approval by any agency having jurisdiction.
The Mayor and Council shall, within a reasonable time after receipt of the application, fix a date for a hearing on the application and provide the applicant notice of the time and place of said hearing.
The applicant shall, at least five days prior to the date fixed for hearing, serve written notice, either in person or by registered or certified mail, upon such persons as are shown by the assessment rolls of the Borough to be the owners of such lots that abut the property in question.
The applicant shall, at the hearing, present to the Mayor and Council satisfactory proof, in affidavit form, of the service of said notices.
Within 60 days after receipt of the application for a soil permit, the Mayor and Council shall complete its review in consideration of the application and render its decision thereon.
The soil permit shall not be issued unless the applicant posts with the Borough a cash deposit or performance bond in form and with surety acceptable to the Borough, in the amount the Mayor and Council determine, 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 permit issued to the principal. In addition, the cash deposit or bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street or streets damaged by the transportation of soil in connection with the application if, in the judgment of the Mayor and Council, such repairs are necessary. The term "expense" as used in this subsection, shall include the cost of supervision by the Borough Engineer in connection with such repairs.
The amount of bond or cash deposit shall be determined at the rate of not less than $0.10 per cubic yard and not in excess of $0.50 per cubic yard of the amount of soil to be moved; provided, however, that in no event shall such bond or deposit be less than the principal amount of $1,000. In ascertaining the rate upon which to compute the amount of the deposit or of the bond, the Mayor and Council shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil, the extent of the area over which the soil moving operations are to be conducted, the extent and depth of the various cuts and fills, the proximity of the proposed operation to streets, buildings, structures and residences and general drainage conditions.
The holder of a soil permit shall not proceed before the Mayor and Council for any application for amendment or alteration of the terms and conditions of an outstanding soil permit unless such person submits to the Mayor and Council the written consent of the surety on his bond approving said application for amendment or alteration and consent to extension of the bond coverage thereto.
Application for the release of any bond posted in accordance with the terms of this chapter or a resolution of the Mayor and Council shall be accompanied by an affidavit stating that the soil moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Mayor and Council. The affidavit shall be executed by a licensed professional or civil engineer of the State of New Jersey.
The holder of a permit under this chapter shall not:
Conduct the operation on the premises so as to cause sharp declivities, pits or depressions.
Fail to cause the area to be properly leveled and graded so as to conform to the contour lines as approved.
Conduct or maintain any soil moving operations without first having made adequate provision, by means of road oil or otherwise, for the laying of dust incidental to the use of vehicles, machinery and equipment on the premises.
Neglect to dispose of, on or before the completion date stated in the application:
Any partially or wholly excavated boulders or other incombustible debris resulting from the soil moving operations, by burial or removal.
Any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil moving operations, by combustion or removal from the premises.
Conduct any soil moving operations beyond the expiration date as set forth in the soil permit or extended expiration date as may duly be granted by the Mayor and Council.
The owner of the premises or the person in charge of the soil movement operation, when permission has been duly granted, shall not take away the top layer of arable soil to a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be uniformly respread over the premises pursuant to the levels and contour lines approved by the Mayor and Council.
No owner or other person shall deposit soil upon, fill in or raise the grade of any lot without making provision for:
The use in said work of soil or such other material as will not result in deviation from the proposed final grades or the uniformity thereon by reason of abnormal shrinkage or settlement.
Collection and storage upon the lot of the original topsoil so that topsoil shall not be buried beneath soil or other material of inferior quality, and the uniform replacement of the topsoils so stored over the eitire area of the surface of the fill soil or other material so that the final grade or grades of said replacement topsoil shall be in accordance with the proposed final grades shown on the topographical map.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands for which an application has been filed and upon which soil moving operations are to be conducted, to examine and inspect such lands.