[Added 9-14-2016 by Ord.
No. 16:19]
The purpose of this article is to prevent the unregulated and
uncontrolled relocation, filling, excavation, and removal of soil
by any person, which may result in conditions that are 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 causing 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 the creation of other factors
and elements hampering and deterring the coordinated, adjusted, and
harmonious physical development of the Borough.
When used in this article, the following terms will have the
meanings indicated:
The Norwood Planning Board or the Norwood Zoning Board of
Adjustment having jurisdiction over a development application requiring
a major soil moving permit.
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 article,
a lot includes any contiguous parcels of land under common ownership
that 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 soil moving permit other than a minor soil moving permit
as herein defined.
A permit for the movement of soil between 15 cubic yards
and 500 cubic yards. Further, on a certified application to the Building
Department, the Construction Official may grant a waiver for the movement
of any amount of soil less than 15 cubic yards if any soil being brought
to the site is clean and is being furnished by an individual or company
that regularly deals in the provision of soil and can provide a certification
that the material meets NJDEP standards for the application. The Borough
Engineer or Construction Official also may waive the permit requirements
if less than 15 cubic yards will be disturbed in the building or demolition
of any structure and the Borough Engineer or Construction Official
determines that this disturbance will not create drainage or grade
deterioration.
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level, transport, or otherwise alter or change the location or contours.
This term does not include plowing, spading, cultivating, harrowing
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 owning any lot or having another interest therein
permitting the exercise of effective possession thereof, including
contract purchasers of any lot.
Any earth, sand, clay, loam, gravel, humus, rock, or similar
matter, including any synthetic substance used as a substitute for
or in conjunction with soil.
Earth, sand, clay, lawn, 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 total combined volume of any soil removed and disposed
of off-site; imported to the site from an off-site source, including
topsoil, and redistributed within the site. This volume excludes soil
excavation within the building footprint, provided the soil is either
removed and disposed of off-site or redistributed on site to not raise
the elevation of the site by more than 12 inches in any location and
the Borough Engineer or Construction Official determines this disturbance
does not adversely affect grading, drainage, or environmentally sensitive
areas.
[Amended 12-14-2016 by Ord. No. 16:24]
The Borough Engineer will determine whether the fill is suitable
or unsuitable to the particular location. Suitable materials include
but are not limited to earth, clay, gravel, stone, dirt, etc.
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 Borough Engineer will determine whether the fill is suitable
or unsuitable to the particular location. Unsuitable materials include,
but are not limited to peat moss, organic material vegetation, leaves,
tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs,
etc.
A.
No person may move, cause, allow, or permit to be moved any soil
in or upon any lot in the Borough unless and until application has
been made for a soil moving permit and the permit has been issued
in accordance with the provisions of this article.
B.
All applicants for minor or major site plan approval and minor or
major subdivision approval in the Borough must comply with and be
subject to this article.
C.
An application for soil movement from within the Borough or from
outside of the Borough to a site in Norwood will be preceded by a
certified analysis of the material by a laboratory licensed in the
State of New Jersey and on an approved laboratory list to be maintained
by the Borough's construction office. The testing laboratory will
also certify that the laboratory, its employees or agents physically
went to the source site and took samples themselves for testing. The
number and amount of samplings taken, as well as the designated location
from where they are taken, will be subject to the review and supervision
of the Borough Engineer.
D.
All testing will be performed and analyzed under the Priority pollutant
+ 40 analysis reduced deliverable and will include testing for the
following:
E.
Once the certified testing laboratory indicates that the above tests
were positive and do not exceed the NJDEP maximum limits, an applicant
may make application for the movement of soil as outlined above.
F.
This provision applies to both minor and major soil moving permits.
The procedure for applying for and issuance of a minor soil
moving permit is as follows:
A.
Applications for minor soil moving permits will be filed with the
Borough Clerk and will be accompanied by the fee prescribed herein.
Applications will be made in duplicate and will be forwarded, upon
receipt by the Borough Clerk, to the Borough Engineer for his or her
review and approval. The application will include the following:
(1)
The name and address of the applicant.
(2)
The lot and block numbers of the subject property, including
a street address.
(3)
The name and address of the owner of the subject property.
(4)
The purpose or reason for the moving of the soil.
(5)
The estimated quantity in cubic yards of soil to be moved, including
the volume of import, volume of export, and volume of soil moved within
the site.
(6)
A statement as to how the moving of the soil will affect all
trees with a diameter of six inches or more.
(7)
An impact statement regarding the effects that the proposed
movement of soil will have on drainage and erosion.
(8)
Provide length, width, and depth dimensions for each area of
excavation in feet.
B.
The Borough Engineer, upon receipt of the application, will make
a field investigation and will issue or deny the permit, giving his
or her reasons for any denial in writing. The Borough Engineer will
forward a copy of the approval letter to the Construction Department,
Borough Clerk, the applicant, and will retain one copy on file. The
Borough Engineer will classify any minor soil moving application as
a major soil application if he or she determines that the application
poses a substantial drainage or soil erosion problem or adversely
affects the development of the abutting lot or lots. This determination
will require the applicant to comply with all provisions governing
major soil moving permits.
C.
In addition to the foregoing, the Borough Engineer may, in his or
her discretion, require other data pertinent to the application.
The procedure for applying for and issuance of a major soil
moving permit is as follows:
A.
On forms prescribed and supplied by the Board, the applicant will
set forth, in duplicate to the Board, with a copy to the Borough Engineer
and Construction Department:
(1)
The name and address of the applicant.
(2)
The lot and block numbers of the subject property, including
street address.
(3)
The name and address of the owner of the subject property.
(4)
The purpose or reason for moving the soil and whether it will
be done in connection with a proposed subdivision or site plan; if
so, the date the application for subdivision/site plan was made with
the Board.
(5)
A detailed statement of the method or process to be employed
for the proposed soil movement.
(6)
The proposed hours and time periods encompassing the soil movement.
(7)
The type and quantity in cubic yards of the soil to be moved.
(8)
In the case of removal or replacement of soil, the place to
which the soil is to be removed, the quantity of soil to be removed
or filled within and the proposed transportation route to be used
within the Borough.
(9)
A signed affidavit by the applicant that he has placed or caused
to be placed stakes at each corner of the subject premises, and that
he has placed or caused to be placed grade stakes at the existing
elevation points designated on the required topographical map clearly
marked to indicate proposed 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. Applications will be signed by the applicant and the
owner of the subject property indicating the owner's consent to the
proposed soil movement.
C.
Topographical map. Applications will be accompanied by 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 the 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.
The map will be prepared on a scale of not less than one inch to 100
feet, will refer to United States Coast and Geodetic Survey data,
and will show:
(1)
The dimensions of the lot, including distance and bearings,
lot and block number of the lot and each lot in the surrounding lands
within 100 feet.
(2)
The existing elevations of all lands on a one-hundred-foot grid
layout.
(3)
The existing elevations of all buildings, structures, streets,
streams, bodies of water, and natural or artificial watercourses.
(4)
All existing surface and subsurface water drainage conditions.
(5)
All wooded areas with references to all trees having a diameter
of six inches or more at the base.
(6)
The limits of the area or areas within the lot in question within
which the soil moving operations are to be conducted, with the existing
elevations within these limits at intervals of not more than 100 feet.
(7)
The proposed final elevations at each point where existing elevations
are to be altered.
(8)
Proposed slopes and lateral supports at the limits of the soil
moving area.
(9)
Proposed provisions and facilities for surface water drainage
and, where applicable, channels of any streams, natural or artificial
bodies of water and watercourses, including detailed cross sections
showing proposed channel widths, bank slopes, grade, and method of
erosion control.
All of the following fees will be paid to the Municipal Clerk.
A.
Application fee.
(1)
Minor soil moving application fee, 15 cubic yards to 500 cubic
yards: $50.
[Amended 12-14-2016 by Ord. No. 16:24]
(2)
Major soil moving application fee, over 500 cubic yards: $100.
[Amended 12-14-2016 by Ord. No. 16:24]
(3)
The application fee will be nonrefundable, whether a permit
is issued, denied or withdrawn.
Whenever application is made to construct or reconstruct a building
or structure within the Borough, and the Building Inspector determines
that the grade and drainage are in apparent need of review by the
Borough Engineer, then $500 will be held in escrow for engineering
review of the proposed building or property alteration. In addition,
any time a request for a permit for demolition of a housing or commercial
structure is made, and applicant does not wish to sign a waiver for
future building, then the applicant will post an escrow with the Borough
in the amount of $200 for engineering review to determine if a structure
may be rebuilt upon the lot after demolition.
Upon receipt of the application, the Board will set a time and
place for a hearing and will notify the applicant. The time fixed
will not be less than 15 days after the notice is given to the applicant.
The notice will be accompanied by a copy of a form letter, which the
applicant must serve upon all property owners within 200 feet of the
property to be affected by the application. Notice will be given either
personally or by leaving a copy at the property owner's usual place
of abode. If the property owners are nonresidents of the Borough,
notice may be given by sending a copy of the form letter via registered
mail to the last known address of the property owner as shown on the
most recent tax list of the Borough. The applicant will present proof
to the Board at the hearing by affidavit or otherwise that notice
has been given to each of the property owners entitled to receive
notice.
A.
In considering the application, the Board will be guided by the following
factors:
B.
The Board may require an agreement with the applicant concerning
any or all of the above factors. If, after considering the above factors,
the Board determines that the proposed soil removal will not be detrimental
to the health, safety, or welfare of the Borough or its inhabitants,
it will issue the necessary permit. Otherwise it will deny the application
and notify the applicant. Notice of the grant or denial of the application
will be given to the applicant within a reasonable time after the
application is filed.
A.
Approval of a soil movement permit will not be given until the applicant
has submitted proof that there are no taxes or assessments for local
improvements due or delinquent on any property involved in the soil
moving operation.
B.
Before any permit is issued, the applicant will file with the Borough
Clerk a bond executed by the applicant as principal and a surety company
licensed to do business in the State of New Jersey as surety.
C.
The amount of the bond will 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 no bond
may be less than the principal amount of $2,000. The Board or the
Borough Engineer 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 hauling route, etc. In ascertaining the rate upon which
to compute the amount of the bond, the Board or the Borough Engineer
will 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.
Failure to post the required bond will result in a rescission of
any conditional or unconditional approval or permit.
E.
If a modification or amendment is sought to an approved soil moving
permit, for which a performance bond has been posted, the applicant
will first submit written consent of the surety on this bond to the
Board. This consent will evidence the surety's approval of the proposed
modification or amendments.
F.
An application for release of a performance bond will 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
adopted by the Board.
Soil removal conducted under a permit issued under this chapter
will be in accordance with the following regulations:
A.
Operations will be so conducted that there will not be created any
sharp declivities, pits, or depressions.
B.
Land will be graded so as to conform to the approved contour lines
and grades and will be cleared of debris.
C.
The top layer of soil to a depth of six inches may not be removed
from the premises but will be set aside and respread over the premises
when the remainder of the soil has been removed.
D.
Adequate measures must be taken to prevent erosion or the depositing
of soil upon surrounding lands, streets or municipal facilities.
A.
Whenever any person moves topsoil in or upon any lot, provision will
be made for the storage of this topsoil within the boundary lines
of the lot.
B.
Except as hereinafter provided, all of the topsoil so stored will
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 the replaced topsoil will be in accordance
with the proposed final grades shown on the topographical map.
C.
No person may remove to any point beyond the boundary lines of the
lot any topsoil unless and until topsoil not inferior in quality to
that to be removed is 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 area of the lot, excepting only
the portions thereof that have become, since the date of filing of
the 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. No person may remove from the lot
more topsoil than that comprising the surplus or excess remaining
after the replacement of the topsoil as aforesaid.
