[HISTORY: Adopted by the Mayor and Council of the Borough
of Wood-Ridge 9-21-2005 by Ord. No. 2005-21[1] (Ch. 214 of the 1986 Code). Amendments noted where applicable.]
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 municipal planning. 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, lands 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:
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.
Any person who moves soil.
Any parcel of land or portion thereof, the boundary lines
of which 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. 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.
Any permit for the moving of soil in excess of 100 yards
within any period of 12 consecutive months. One- and two-family-dwelling
lots, two-lot residential subdivisions, together with the excavation
of in-ground pools for such parcels, shall be exempt from the provisions
of this chapter.
[Amended 10-10-2006 by Ord. No. 2006-10[1]]
To 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 discing 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.
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 thereover.
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.
The Borough Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. Suitable materials
shall include, but not be limited to, materials such as earth, clay,
gravel, stone, dirt, etc.
No developer and/or excavator shall move or cause, allow, permit
or suffer to be moved or removed any soils in excess of 100 yards
in or upon any lot in the Borough unless and until a soil moving permit
has first been issued in accordance with the provisions of this chapter.
All applications for soil movement shall be made through the
Planning Board. Soil movements less than 100 yards are exempt.
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, the following
information:
(1)
The identity and location of the applicant.
(2)
The description of the lands in question, including lot and block
number of all lots involved.
(3)
Name and address of property owner, if different from the applicant.
(4)
The purpose for moving the soils and whether it will be done in connection
with a proposed subdivision or site plan. If so, include the date
of filing of the subdivision or site plan.
(5)
A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal.
(6)
The anticipated soil types and quantity of soils to be removed from
the site.
(7)
In the case of soil removals, the place to which the soils will be
removed and the anticipated transportation route to be used to remove
the soils from or within the Borough.
(8)
In the case of placement or replacement of soils, the source location
of the soils to be added to the site and the transportation route
to be used to bring the soils to or from within the Borough.
(9)
The proposed construction schedule, including anticipated start and
completion dates.
(10)
A certificate indicating that the developer or excavator has
placed or caused to be placed stakes at the corner of the lot or lots
from which soils will be moved or 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.
(11)
A statement as to how the moving of the soil will affect all
trees with a diameter of six inches or larger.
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. 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 said surrounding lands:
(1)
The dimensions of the lot, including distances and bearings, and
the lot and block number of the lot and of each lot in the surrounding
lands shown on the tax assessment map of the Borough.
(2)
The existing elevations of all lands on a fifty-foot grid layout.
(3)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
(4)
All existing surface and subsurface water drainage conditions and
provisions therefor.
(5)
All wooded areas and all trees having a diameter of six inches or
more at the base.
(6)
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.
(7)
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.
(8)
Proposed slopes and lateral supports at the limits of the area upon
completion of the soil moving operations.
(9)
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.
(10)
Accurate cross sections showing the locations and quantities
in cubic yards of soil to be moved.
(11)
All proposed elevations in enclosed rectangular boxes, and all
existing elevations to be indicated without any kind of enclosure.
(12)
Such other pertinent data as the Planning Board may, by resolution,
require.
(13)
All easements and restrictions of record that may affect the
subject lot or lots.
(14)
If said 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 the 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 water or wind.
(b)
Surface or subsurface drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets, structures or lands.
(e)
Public health and safety.
(f)
Other factors which may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
E.
Hearings. The Planning Board shall, within 60 days after receipt
of the 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 five 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.
The Planning Board shall be guided by the general purpose and principles
of municipal planning and shall take into consideration the following
factors in review of a soil moving permit:
(1)
Soil erosion by water or wind.
(2)
Surface or subsurface drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets, structures or lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
Proposed site or subdivision plan, as applicable.
(8)
Other factors which may bear upon or relate to the coordinated, adjusted
and harmonious physical development of the Borough.
G.
Decisions of the Planning Board. 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 filing of a complete application.
The Planning Board shall act only upon the filing and receipt of a
complete application within said 60 days. The failure of the Planning
Board to either deny or grant the permit within said 60 days shall
be considered an automatic approval of the issuance of said permit
unless the Planning Board extends the time limit for a period not
to exceed an additional 60 days.
Fees for soil movement applications shall be as follows:
A.
Major soil movement application fee: $100. The Borough reserves the
right to require the developer to post an escrow account for review
of larger applications.
B.
Soil application fees will not be refundable, whether the permit
is issued or denied or withdrawn.
C.
Soil movement fees: $0.25 for each cubic yard of soil moved, removed
or added to the property in question in excess of 100 cubic yards.
A.
In the event that the Planning Board recommends approval of the soil
moving permit application, the Secretary of the Planning Board shall
forthwith give notice to the applicant of the action of the Planning
Board and, further, of the amount of the performance bond required
as hereinafter set forth in this section. In the event that the applicant
fails to post the required performance bond within 60 days of said
notice, then the recommendation of the Planning Board shall be automatically
rescinded.
B.
No soil moving permit shall be issued unless the applicant therefor
shall have posted with the Borough a performance bond in form and
with surety acceptable to the Borough in such amount as the Planning
Board shall 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 moving permit issued pursuant hereto.
C.
The amount of said bond 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 said bond be less than the principal amount of $2,000. The Planning
Board may request additional bonds for improvements shown on the soil
moving application or plan, such as but not limited to the following:
retaining walls, planting, drainage erosion, control damages to haul
route, etc. In ascertaining the rate upon which to compute the amount
of the bond, the Planning Board 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 extent to which the area of operations is wooded, the proximity
of the proposed operations to streets, buildings, structures, natural
or artificial streams or watercourses, and general drainage conditions.
D.
Before the holder of any soil moving permit shall proceed before
the Planning Board with any application for any amendment or alteration
of the terms and conditions of any outstanding soil moving permit,
there shall be submitted to the Planning Board the written consent
of the surety on said bond approving said application for amendment
or alteration and consenting to extension of the bond coverage thereto.
E.
Applications for the release of any bonds posted in accordance with
the terms of this chapter or the resolutions of the Planning Board
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 Planning Board.
Said affidavit shall be executed by a licensed professional or civil
engineer or land surveyor of the State of New Jersey.
A.
The soil moving permit shall be in such form as may be prescribed
by the Planning Board. It shall be signed by the Secretary of the
Planning Board and the Chairperson of the Planning Board, and it shall
contain any special conditions set forth in the recommendation.
B.
The soil moving permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one year.
C.
All permits shall automatically expire on the termination date unless
application for renewal has been made and approved, in writing, extending
such permit.
No person to whom a soil moving 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 as classified by Chapter 530, Zoning, 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 having first
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 lands described in the soil 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 moving permit or extended expiration date as
may duly be granted by the Planning Board.
A.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of said topsoil within
the boundary lines of said lot.
B.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot on
or before the completion date set forth in the soil permit 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.
C.
No developer or excavator shall remove to any point beyond the boundary
lines of the lot any topsoil whatsoever unless and until topsoil not
inferior in quality to that to be removed shall first have been replaced
uniformly to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map, over the
entire surface or area of the lot, excepting only such portions thereof
as shall be or shall have become, since the date of filing of said
topographical map, permanently covered by a building or structure,
street pavement, curb, sidewalk, driveway or other paved area or by
any body of water or waterway. In no event shall the developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil as
aforesaid.
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 moving 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 moving permit
of soil of sufficient quantity and kind to restore the final grades
to those shown on the topographical map; or
B.
After issuance of the soil moving permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the Planning Board and be granted an amendment of the application
and topographical map then in effect, which amendment may be granted
upon such terms as the Planning Board may deem necessary to assure
adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil upon, fill in 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 grades 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.
Nothing in this chapter shall be construed to affect or apply
to any person engaged in the moving of soil in and upon lands enrolled
in the soil conservation program of the Northeastern Jersey Soil Conservation
District of the United States Department of Agriculture Natural Resources
Conservation Service, and for which lands an approved farm plan has
been established by said agency, provided that all soil moving operations
in and upon such lands are performed in accordance with said approved
farm plan.
[Amended 12-20-2022 by Ord. No. 2022-21]
For the purpose of administering and enforcing this chapter,
any member of the Planning Board or duly authorized agent of the office
of the Borough Engineer and Construction Code Office 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.
[Amended 12-7-2016 by Ord. No. 2016-26]
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 set forth in Chapter 1, General Provisions, Article II, of the Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 5-20-2008 by Ord. No. 2008-6; amended 12-7-2016 by Ord. No. 2016-26; 12-20-2022 by Ord. No. 2022-21]
Notwithstanding anything in this chapter to the contrary, the
following circumstances shall not require formal application to the
Planning Board of the Borough of Wood-Ridge, and in lieu thereof,
the Construction Code Office shall be empowered to issue any permit
hereunder:
A.
A project subject to a redevelopment agreement between the Borough
of Wood-Ridge and a designated entity.
B.
Circumstances in which Planning Board review and approval have already
been obtained and the matter of the issuance of a soil moving permit
was not vetted and not made subject to such review and/or approval.
