[Ord. No. 19-2009, § 2[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
All unconsolidated mineral and organic material of any origin,
including earth, sand, clay, loam, sediment, muck, gravel, stone,
humus, rock or dirt.
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply soil from or to any property located within
the Borough of Morris Plains.
[1]
Editor's Note: Section 1 of this ordinance repealed former
Ch. 19, Soil Removal, adopted by Ord. No. 3-52.
[Ord. No. 19-2009, § 2; Ord. No. 16-2021, § 1]
No person shall perform soil disturbance without first having
procured a permit from the Borough Council. Any waiver to this permit
requirement must be submitted in writing to the Borough Council with
a detailed explanation as to why a waiver should be granted. Waiver
approval shall be memorialized by resolution of the Borough Council.
A soil disturbance permit shall not be required for the following
activities:
(a)
Soil disturbance, other than for installation of a driveway, in connection
with the construction of a building on said premises and excavation
or grading incidental thereto, provided that no soil is transferred
to or from the said premises.
(b)
Soil disturbance in connection with the construction for an approved
subdivision or site plan, provided that the applicant submits to the
Planning Board/Board of Adjustment, as the case may be, all information
required by this chapter, the performance bond required by Section
19-7 and the Board's approval resolution includes approval of soil
disturbance. If an applicant/developer wishes to amend his/her approval
under this provision, then the applicant shall apply for an amended
approval to the Board that granted the original soil disturbance approval.
(c)
Soil disturbance in connection with municipal or other public projects
on municipal land and/or rights-of-way.
(d)
Soil disturbance of insignificant amounts, which shall mean less
than 200 cubic yards in any consecutive twelve-month period as determined
by the Borough Engineer.
(e)
Soil disturbance for the construction of a swimming pool for which
a permit has been issued, if the volume of soil disturbance is less
than 200 cubic yards.
[Ord. No. 19-2009, § 2]
The Borough Council shall not issue a permit for the disturbance
of soil unless and until the owner of the premises shall first file
four copies of an application requesting such permit with the Borough
Clerk. The application shall include or be accompanied by the following:
(a)
The name, address and phone number of the owner of the land.
(b)
The name, address and phone number of the contractor who will be
responsible for the soil disturbance project.
(c)
The block and lot numbers and street address of the land as shown
on the current Tax Map of the Borough.
(d)
The reason for the soil disturbance.
(e)
The type or types of soil to be disturbed.
(f)
The volume of soil of each type to be disturbed, which shall be listed
in both cubic yards and in truckloads.
(g)
A map or maps of the premises in a scale of one inch equals 30 feet,
showing the existing contour lines, the proposed contour elevations
resulting from the soil disturbance and trees and vegetation on the
premises before and after the proposed soil disturbance.
(h)
The current location of any soil to be imported to the Borough, including
the address, block and lot of the current soil location and a description
of that property's history and use (e.g., farmland, residential, industrial,
etc.).
(i)
The location(s) to which any disturbed soil from the subject property
is to be taken. If one or more such locations are within the Borough,
a map of each shall be provided showing the information required by
Paragraphs (c) and (g) above.
(j)
The measures that will be undertaken to prevent road damage, traffic
problems and the dropping of soil onto public streets, roads or rights-of-way
while in transit.
(k)
The proposed dates for the commencement and completion of the work.
(l)
The proposed sequence of operations, indicating the time allotted
to each phase.
(m)
Engineering data, such as soil borings or test pits, certified by
a professional engineer licensed to practice in the State of New Jersey
substantiating the feasibility of any proposed soil disturbance project.
(n)
Such other pertinent data as the Borough Engineer may deem necessary
or appropriate.
(o)
Where the soil disturbance area exceeds 5,000 square feet, a soil
erosion/sedimentation control approval from the Morris County Soil
Conservation Service.
(p)
Where soil disposal areas are located within a New Jersey Department
of Environmental Protection-regulated area, approval(s) from the NJDEP
shall be provided.
(q)
For soil disturbance importation equal to or greater than 2,000 cubic
yards, certified soil analysis/test results from a soil engineer,
geologist, or licensed subsurface evaluator, in accordance with the
testing procedures set forth in the soil disturbance application,
as well as the technical requirements for site remediation set forth
in N.J.A.C. 7:26E-2.1 and 7:26E-3.4 for all soil to be imported to
the Borough or to be relocated within the Borough.
[Ord. No. 19-2009, § 2]
(a)
Upon submission of a completed application for a soil disturbance
permit in accordance with Section 19-3, the Borough Clerk shall forward
one copy to the Borough Engineer and one copy to the Borough's soil
consultant, if applicable.
(b)
In reviewing the application, the Borough Engineer, and the Borough's
soil consultant if applicable, shall be guided by a general concern
for the public health, safety and welfare. In addition, specific consideration
shall be given to the following factors, rules and minimum standards:
(1)
The potential for soil erosion by water and wind, increased stormwater
runoff, etc.
(2)
The prevention of silt and sediment from entering brooks, streams,
ponds, lakes, rivers and other bodies of water.
(3)
The existing drainage of the site involved and any changes in drainage
patterns that may result from the establishment of new contours.
(4)
Types and fertility of the soil to be removed and the use to which
it will be put.
(5)
Lateral support slopes and grades of abutting streets and lands.
(6)
Land values and uses of those properties affected directly or indirectly
by the proposed disturbance of soil.
(7)
The grade of excavated slopes shall not be steeper than 3:1 (three
feet horizontal to one foot vertical).
(8)
The possible need for any soil disturbance excavation to be completely
fenced with a six-foot-high chain-link-type fence or approved equivalent
where necessary to protect the safety and welfare of the public.
(9)
No more than two acres shall be scheduled for disturbance at any
time, and any previously disturbed area must be stabilized and completed
to the approved proposed contours and the provisions of Section 1.8
complied with before further disturbance.
(10)
Satisfactory soil test results, below the current NJDEP residential,
or most stringent, soil cleanup criteria for applications involving
2,000 cubic yards of soil to be imported into the Borough.
(c)
If the soil tests have not been completed, any approval will be subject
to satisfactory soil test results prior to the issuance of the soil
disturbance permit.
[Ord. No. 19-2009, § 2]
(a)
The applicant shall, at least 10 days prior to the time appointed
for a hearing on the application, give notice to all owners of property
or properties, within or outside the Borough, located within 200 feet
of the boundaries of the property which is the subject of the application
as shown by the most recent tax lists of the Borough or other municipality.
Said notice shall be given by certified mail, return receipt requested,
to the last known address of the property owner or owners, as shown
by the most recent tax lists of the municipality. Where the owner
is a partnership, service upon any partner as above provided shall
be sufficient, and where the owner is a corporation, service upon
any officer, as set forth above, shall be sufficient.
(b)
The applicant shall, by affidavit, present satisfactory proof to
the Borough Council at or prior to the time of the hearing that said
notices have been duly served as required. At the hearing, any person
may appear on his or her own behalf or be represented by an attorney.
[Ord. No. 19-2009, § 2]
At a regularly scheduled meeting of the Borough Council held
not more than 30 days after receipt of the Borough Engineer's and
the Borough soil consultant's recommendations relative to the application
for a soil disturbance permit, the Borough Council shall by resolution
either grant or deny the application. The resolution shall set forth
any conditions imposed on the granting of such permit or the reasons
for the denial of the application for a permit. Any such permit shall
be valid for a period of one year from the date of issuance, at which
time application shall be made to the Borough Council for renewal,
if the soil disturbance operation is not completed.
[Ord. No. 19-2009, § 2]
If a soil disturbance permit is granted, the owner or person
in charge shall conduct the soil disturbance operation such that:
(a)
There shall be no sharp declivities, pits or depressions.
(b)
The area shall be properly leveled off, cleared of debris and graded
to conform with the contour lines and grades as approved by the Borough
Council.
(c)
All operations shall take place only between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday.
(d)
The top layer of arable soil for a depth of six inches shall be set
aside for retention on the premises, stabilized to prevent erosion
and respread over the premises when the soil disturbance has been
completed, pursuant to levels and contour lines as recommended by
the Borough Engineer and approved by the Borough Council, unless permission
to remove such soil shall be granted by the Borough Council.
(e)
Grass or other cover crop approved by the Borough Engineer that is
capable of retaining and/or stabilizing soil on any surface which
results from subject disturbance shall be established within a reasonable
length of time. A reasonable length of time shall be considered as
60 days or less and prior to the stabilization date of October 15,
or such other date established by the Morris County Soil Conservation
Service. In the event that the cover crop shall fail to grow, it shall
be replaced promptly by the applicant, at the applicant's own cost
and expense, until a successful growth is accomplished.
[Ord. No. 19-2009, § 2; No. 18-2012, § 3]
(a)
Before any permit for soil disturbance shall be issued, the owner
or applicant shall post with the Borough Council a cash bond or letter
of credit in such an amount recommended by the Borough Engineer and
in the form approved by the Borough Attorney, as approved by the Borough
Council, that shall be sufficient to insure the faithful performance
of the work to be undertaken pursuant to the permit granted according
to the provisions of this chapter.
(b)
For soil removal applications for existing residential uses from
50 to 150 cubic yards, the minimum performance bond or letter of credit
shall be $500. For all other soil removal applications, in no event
shall the performance bond or letter of credit be in an amount less
than $1 per cubic yard of proposed disturbance or $1,000, whichever
is greater.
(c)
Before any performance bond or letter of credit will be released
to the permittee, the authorized soil disturbance must be completed
to the approved contours, and the permittee shall submit an as-built
plan prepared by a professional engineer licensed to practice in the
State of New Jersey.
[Ord. No. 19-2009, § 2]
No soil disturbance shall be made under the provisions of this
chapter unless a permit therefor shall have been first obtained as
provided herein, and no soil disturbance shall be made except in conformity
with the provisions of this chapter.
[Ord. No. 19-2009, § 2]
An applicant for a soil disturbance permit shall pay to the Borough Clerk the fees listed in the Fee Schedule of the Borough of Morris Plains, as set forth in Chapter 2, Section 2-46. In addition to an application fee and permit fee, the fees shall also include an escrow deposit review fee for the review of the application by the Borough Engineer, Borough soil consultant and any other professional required by the Borough in connection with the application. The balance of the escrow deposit review fee, if any, shall be refunded to the applicant at the conclusion of the soil disturbance operation. The escrow deposit review fee shall be administered by the Borough Treasurer in accordance with the requirements set forth in the Municipal Land Use Law for escrow deposits.
[Ord. No. 19-2009, § 2]
The provisions of this chapter shall be enforced by the Borough
Construction Official, Borough Zoning Officer, Borough Engineer, or
Borough Police Department. Any person, firm or corporation violating
any of the provisions of this chapter shall be subject, upon conviction,
to the penalties provided in Section 1-9 of the Revised Ordinances
of the Borough of Morris Plains. Each and every violation or nonconformance
with this chapter or each day that any provision of this chapter shall
have been violated shall be construed as a separate and distinct violation
thereof.
