The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
by developers and excavators which may 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 the municipal plan. The continuation of the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
and filling with unsuitable material may cause serious and irreparable
damage to the public welfare by reason of consequent soil 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, land and premises; creation of dust storms
and mosquito-breeding places; creation of dangerous depressions or
pits; deterioration of property values; rendering of lands unfit or
unsuitable to their most appropriate uses; and creation of other factors
and elements hampering and deterring the coordinated, adjusted and
harmonious physical development of the Borough.
As used in this chapter, 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 two or more dwelling houses, business or industrial
buildings in any subdivision for the purpose of sale to or occupancy
by another person or persons.
LOT
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps or records, or
either, in the office of the Tax Assessor of the Borough or in the
office of the Bergen County Clerk. For the purposes of this chapter,
a "lot" shall also be deemed to be any contiguous parcels of land
under common ownership, which ownership can be ascertained by reference
to the maps and records, or either, in the office of the Tax Assessor
of the Borough or in the office of the Bergen County Clerk.
MAJOR SOIL PERMIT
Any soil permit other than ministerial for the moving of
soil within any period of 12 consecutive months.
MINISTERIAL PERMIT
A permit for the moving of soil, as required by §
310-5 of this chapter, between zero and 400 cubic yards of soil within any period of 12 consecutive months. If two or more applications in any twelve-month consecutive period require the movement of soil in excess of 400 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with §
310-6 of this chapter.
MOVE
Dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour, or transport,
or supply. This term shall not be construed to include plowing, spading,
cultivating, harrowing or disking of soil or any other operation usually
and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes, landscaping and gardening by homeowners
or agents of homeowners, provided that it does not substantially alter
existing drainage patterns.
OWNER
Any person seized in fee simple of any lot or having such
other interest or estate therein as will permit exercise of effective
possession thereof or dominion there over.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter,
including any synthetic substance used as a substitute or in conjunction
with soil.
SUITABLE FILL
Fill for which the developer has provided the Borough Engineer
sufficient documentation, including certified manifests, that said
fill is suitable to a particular location. Suitable materials shall
include but not be limited to materials such as earth, clay, gravel,
stone, dirt, recycled concrete, etc.
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.
UNSUITABLE FILL
Fill for which the developer has provided the Borough Engineer
with sufficient documentation, including certified manifests, that
said fill is not in part or in whole composed of unsuitable materials.
The unsuitable materials are materials such as peat moss, organic
material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical
waste, tires, wooden logs, etc.
No developer and no excavator shall move, allow, permit or suffer
to be moved any soil in or upon any lot in the Borough unless and
until a soil moving permit therefor shall first have been issued in
accordance with the provisions of this chapter.
All applications for soil moving permits shall be made through
the office of the Zoning Officer.
The procedure for applying for and issuance of a ministerial
soil movement permit shall be as follows:
A. Applications for ministerial soil permits shall be filed with the Borough Clerk and Building Inspector and shall be accompanied by the fee prescribed in §
310-7 of this chapter.
B. Applications shall be made in triplicate on forms prescribed by the
Borough and supplied by the Borough Clerk. In addition to any other
requirements which the Borough, acting through the Borough Building
Inspector, may require on data pertinent to the application, the application
shall show the following:
(1) The identity of the applicant and applicant's address.
(2) The lot and block number of the lot or lots involved.
(3) The identity of the owner and the owner's address.
(4) A location/topographic survey of the site showing both existing and
proposed elevations.
(5) The purpose or reason for the moving of the soil.
(6) The estimated quantity in cubic yards of soil to be moved.
(7) A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more.
(8) The proposed date of completion of the work.
C. The Building Inspector, upon receipt of the application, shall forward
one copy of same to the Borough Engineer. A copy of the application
shall be kept on file. The Borough Engineer shall make a field investigation
and shall recommend to the Building Inspector that the permit be issued
or denied, giving reasons for the denial.
D. The Borough Engineer shall classify any ministerial soil application
as a major soil application if he finds the application will present
unusual drainage or erosion of soil problems or adversely affect the
development of the abutting lot or lots.
The procedure for applying for the issuance of a major soil
moving permit shall be as follows:
A. On forms prescribed and supplied by the Planning Board, the applicant
shall set forth, in duplicate, to the Planning Board, with a carbon
copy to the Borough Engineer and Building Department:
(1) The identity of the applicant and applicant's address.
(2) The description of the lands in question, including lot and block
number of the lot or lots involved.
(3) The name and address of the owner of the lands.
(4) The purpose or reason for moving the soil and whether it will be
done in connection with a proposed subdivision; if so, the date of
filing the application for subdivision.
(5) A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal.
(6) The kind and quantity in cubic yards of the soil to be removed.
(7) In case of removal or replacement of soil, the place to which the
soil is to be removed, and the place and quantity of soil to be removed
in fill and excavation and the transportation route to be used in
the Borough.
(8) The proposed date of the completion of the work.
(9) A certificate that he has placed or caused to be placed stakes at
each corner of the lot or lots from which soil is to be removed and,
further, that he has placed or caused to be placed grade stakes at
the existing elevation points designated on the topographical map
pursuant to the provisions of this chapter, clearly marked to indicate
the soil cuts or fill.
(10)
A statement as to how the moving of the soil will affect all
trees with a diameter of six inches or more.
B. Signatures. Said application shall bear the signature of the applicant
and the endorsement of the owner or owners of said lands signifying
approval of the application, consent to the applicant to perform the
proposed work and consent to the Borough, in the event of failure
of the applicant to do so, to cause the proposed work to be completed
or otherwise terminated in keeping with the purposes and objectives
of this chapter.
C. Topographical map.
(1) Accompanying
the application shall be eight 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 100 feet of the perimeter of said
lot, but not beyond the far side of an abutting street right-of-way,
prepared and certified by a licensed professional engineer or land
surveyor of the State of New Jersey, on a scale of not less than one
inch to 100 feet, and referred to United States Coast and Geodetic
Survey data, showing, both as to the lot and as to all of the surrounding
lands:
(a)
The dimensions of the lot, including distance and bearings,
and the lot and block number of the lot and of each lot in the surrounding
lands as shown on a Tax Assessment Map of the Borough.
(b)
The existing elevations of all lands on a one-hundred-foot grid
layout.
(c)
The existing elevations of all buildings, structures, streets,
streams, bodies of water and watercourses, natural or artificial.
(d)
All existing surface and subsurface water drainage conditions
and provisions therefor.
(e)
All wooded areas and all trees having a diameter of six inches
or more at the base.
(f)
The limits of the area or areas within the lot or lots in question
within which the soil moving operations are to be conducted, and the
existing elevations of said limits at intervals of not more than 100
feet.
(g)
The proposed final elevations at each point where existing elevations
shown on said map are to be changed as a result of completion of the
proposed work.
(h)
Proposed slopes and lateral supports at the limits of the area
upon completion of the soil moving operations.
(i)
Proposed provisions and facilities for surface water drainage
and, where applicable, channels of any streams, bodies of water and
watercourses, natural or artificial, including detailed cross sections
showing proposed channel widths, bank slopes, grade and method of
erosion control.
(j)
Accurate cross sections showing the locations and quantities
in cubic yards of soil to be moved.
(k)
All proposed elevations in enclosed rectangular boxes, and all
existing elevations to be indicated without any kind of enclosure.
(l)
Such other pertinent data as the Planning Board may, by resolution,
require.
(m)
All easements and restrictions of record which may affect the
subject lot or lots.
(2) If said soil moving application is in conjunction with a site plan
or subdivision plan, the developer shall submit a complete site plan
or preliminary subdivision plan according to the appropriate subdivision
ordinance.
D. Inspection of site.
(1) The Borough Engineer shall make an inspection of the site from which
soil is to be moved and shall make such engineering studies as may
be required to determine the effect of the removal of soil from the
location as it relates to:
(a)
Soil erosion by wind and water.
(b)
Surface and subsurface water drainage.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
(2) The Borough Engineer shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing points designated on the topographical map pursuant to the provisions of Subsection
C hereof.
(3) The Borough Engineer shall have the right to inspect any fill material
on site, and if the Borough Engineer finds, in his or her sole discretion,
that the fill material is not suitable, the Borough Engineer may require
the developer to engage an independent soils engineer, acceptable
to the Borough Engineer, to provide an analysis of the material. In
the event the material is found to be unsuitable, the Borough Engineer
shall have the authority to order the fill removed and replaced.
E. Hearing. The Planning Board shall, within 60 days after receipt of
the complete application, fix a date for a hearing for the purpose
of considering the application and shall give to the applicant, either
personally or by certified mail, notice of the time and place of said
hearing. The applicant shall, at least 10 days prior to the date appointed
for said hearing, serve written notice, either in person or by registered
mail, upon such persons as are shown on the municipal tax records
to be the owners of such lots within 200 feet of the property in question.
The applicant shall at the hearing present to the Planning Board satisfactory
proof in affidavit form of the service of said notices.
F. Factors to be considered in determining application. In considering
the application, the Planning Board shall be guided by the general
purpose of the municipal plan and shall take into consideration the
following factors:
(1) Soil erosion by wind and water.
(2) Surface and subsurface water drainage.
(3) Soil fertility and soil-bearing capacity.
(4) Lateral support of abutting streets and lands.
(5) Public health and safety.
(7) Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
(8) Proposed complete site or preliminary subdivision plan.
G. Decision. The Planning Board shall review and consider the application,
which must be complete, including all of the requirements of the provisions
of this chapter and the material factors brought up at the public
hearing and the reports of other reviewing authorities of the Borough,
and shall either grant or deny the issuance of said soil permit. If
the Planning Board denies the permit, the reason for the denial shall
be stated. The Planning Board also can issue a permit with stipulations
and conditions. The Planning Board shall act within 60 days of the
hearing date on which the application was presented completely. The
failure of the Planning Board to either deny or grant the permit within
the aforementioned time period shall be considered an automatic approval
unless the Planning Board, with the consent of the applicant, extends
the time limit for a period not to exceed an additional 60 days.
H. Appeal. In the event of a denial, the applicant may, not later than
30 days after the date of such denial, appeal to the Borough Council.
The Borough Council may, by a majority vote of the members present,
sustain or, by a two-thirds vote of its entire membership, overrule
the Planning Board recommendations.
I. When an application for site plan is considered by the Zoning Board
of Adjustment, then all the powers granted to the Planning Board with
regard to the receipt, review and determination of applications for
major soil movement permits under this chapter are hereby granted
and conferred upon the Board of Adjustment in full.
No person to whom a soil movement permit has been issued shall:
A. Conduct or maintain on the premises any sand, gravel or similar kind of pit, any sand or gravel washing or screening machinery or equipment, any business or industry not permitted in the district in which said premises are located and classified by Chapter
365, Zoning, of the Code of the Borough of Wallington, as amended and supplemented, or any endeavor or enterprise other than the grading or regrading of said premises in accordance with the provisions of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading.
B. Conduct or maintain any soil moving operations without first having
made adequate provisions by means of road oil or otherwise for the
laying of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the soil moving permit.
C. 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 and 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.
D. Conduct any soil moving operations beyond the expiration date as
set forth in the soil removal permit or extended expiration date as
may duly be granted by the granting authority.
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,
hereinbefore referred to, makes specific provisions 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.
B. After issuance of the soil removal permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the granting authority and be granted an amendment of the application
and topographical map then in effect, which amendment may be granted
upon such terms as the granting authority may deem necessary to assure
adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil upon, fill 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 grade 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,
of a layer of topsoil not 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.
For the purpose of administering and enforcing this chapter,
any member of the granting authority, or duly authorized agent of
the office of the Borough Engineer and Building Department of the
Borough, shall have the right to enter into and upon any lands in
or upon which soil moving operations are being conducted to examine
and inspect such lands.
Any person who violates any provision of this chapter or conditions attached to the issuance of any permit shall, upon conviction thereof, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Wallington. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.