The Mayor and Council hereby finds and determines that:
A. 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
B. 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:
LOT
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.
MOVE
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.
OWNER
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.
PERSON
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.
SOIL
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.
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.
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.
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:
A. 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.
B. 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.
C. 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.
D. Grades of all abutting streets, lots and lands.
E. The location of all structures within 200 feet of the property.
F. Such other pertinent data as the Mayor and Council may require.
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 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:
A. Conduct the operation on the premises so as to cause sharp declivities,
pits or depressions.
B. Fail to cause the area to be properly leveled and graded so as to
conform to the contour lines as approved.
C. 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.
D. Neglect to dispose of, on or before the completion date stated in
the application:
(1) Any partially or wholly excavated boulders or other incombustible
debris resulting from the soil moving operations, by burial or removal.
(2) 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.
E. 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:
A. 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.
B. 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.
Violations of the provisions of this chapter shall be punishable as provided in Chapter
1, Article
II, General Penalty.