[HISTORY: Adopted by the Township Council of the Township of Denville by Ord. No. 21-85 (Ch. 17, Sec. 17-12, of the 1978 Revised General Ordinances). Amendments noted where applicable.]
The Township finds and determines that the terrain in many areas of the Township is sufficiently varied to require, in some instances, the removal, placing or relocation of soil to prepare certain tracts of land for development purposes and that the unregulated and uncontrolled removal, placement or relocation of soil on a large scale has resulted or will result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township to effectuate the general purposes of municipal planning. It is the purpose of this chapter to establish procedures for regulating an orderly removal, placing or relocating of soil in conjunction with the development proposals as regulated under other provisions of Township ordinances.
[Amended by Ord. No. 27-85]
No person shall excavate or otherwise remove, place soil for filling, or relocate soil on any premises in the Township unless a permit therefor is first secured from the Planning Board in accordance with the terms, conditions and provisions of subdivision or site plan approval given by the Planning Board for land use development of the premises from which the soil is to be removed or upon which fill is to be placed or soil is to be relocated, as the case may be. Soil removal associated with the excavation of a foundation or excavating for a swimming pool on a legally established and existing lot shall be exempted from the requirement for a permit. Applicants for soil relocation of less than 100 cubic yards may be issued a permit by the Township Engineer without approval of the Planning Board, where the Engineer is satisfied that no conditions detrimental to the public health, safety and welfare will be created by such relocations; provided, however, the Township Engineer may request that a Planning Board application and hearing be required where there are matters of special concern to surrounding properties, including, but not limited to drainage, erosion, grading, loss of buffer. An application for soil relocation of less than 5,000 cubic yards on or off site may be handled exclusively by the Planning Board with no Council action required. An application for soil movement of more than 5,000 cubic yards of soil on or off site must receive Council ratification of the Planning Board decision prior to issuance of the soil removal permit. Provisions of this chapter shall not be construed to preempt compliance with applicable provisions and requirements for soil erosion and sedimentation control of this chapter.
The Planning Board shall not consider any application for permission for the removal, placing or relocating of soil for sale or otherwise except in conjunction with site plan or subdivision approval from the Planning Board for land use development of the premises with respect to which the permit is requested. The applicant shall file with the Planning Board an application in triplicate requesting such permission, accompanied by the fees set forth in § 479-5 and setting forth the following:
Name and address of the applicant.
Name and address of the owner if other than the applicant.
The description and location of the land in question, including the Tax Map, lot and block number.
The purpose or reason for moving the soil.
The kind and quantity, in cubic yards, of the soil to be removed, placed or relocated.
The origin and/or destination of soil to be removed, placed or relocated along with truck routes to be used.
The proposed date of commencement and completion of the soil removal, placement or relocation.
The application shall be accompanied by a map of the premises in question. Maps prepared for and accompanying development applications may be used for this purpose to the extent that they show the appropriate information, provided they are prepared by a licensed professional engineer or a licensed land surveyor at a scale of not more than 50 feet to the inch and showing at least the following:
The existing contours of the premises at five-foot intervals for slopes averaging 16% or more and at two-foot intervals for land of lesser slope.
The proposed contour grades at five-foot intervals for slopes averaging 16% or more and at two-foot intervals for lands of lesser slope, resulting from such intended soil operation in relation to the existing topography of the premises.
The quantity in cubic yards of the soil to be removed, placed or relocated with support data such as cross sections, grids and earthwork calculations.
The grades of all streets and lots within 100 feet of the property in question.
Proposed slopes and lateral supports.
Present and proposed surface water drainage.
Soil erosion and sediment control plan.
Morris County Soil Conservation Service Classification or soil types on the affected property.
Along with the application, there shall be deposited with the Planning Board a permit fee calculated in accordance with the following schedule:
The charge in accordance with the schedule hereinbefore set forth shall include all engineering and other services the Township may deem desirable or necessary to ensure an orderly soil operation in full compliance with provisions of this chapter.
The Planning Board, in conjunction with their consideration of subdivision or site plan applications shall also, at a duly noticed public hearing, elicit testimony and give consideration to all of the factors concerning the proposed soil removal, placement or relocation. The Planning Board shall then grant or deny the permit for movement of greater than 100 to less than 5,000 cubic yards of soil, stating their reasons for such action as is taken, and shall make a recommendation to the Township Council regarding issuance of a permit for movement of more than 5,000 cubic yards of soil. In such case, the Township Council shall direct the issuance or denial of the permit within 30 days of referral of the matter by the Planning Board, unless the applicant shall agree to an extension of time to act.
After receipt of a complete application for a permit as set forth in § 479-3, the Planning Board shall advise the applicant that the matter will be considered at a meeting to be held in conjunction with their consideration of a subdivision or site plan. Upon being advised of the date of the meeting for consideration of the application, the applicant shall serve written notice, either by personal service or by certified mail, return receipt requested, upon the Morris County Planning Board, the State Department of Transportation, the Denville Township School Board and all property owners within 200 feet of the extreme limits of the property, as their names appear on the Township tax records, to be served not later than 10 days prior to the date of the meeting scheduled for consideration of the application. The applicant shall deliver an affidavit of service to the Planning Board at least two days prior to the date of the meeting.
In considering and reviewing applications for a permit to move soil, the Planning Board, and the Township Council when ratifying Planning Board action, shall be guided and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following:
If, following the hearing during which all persons shall be given an opportunity to be heard, the Planning Board shall be of the opinion that the proposed movement of soil will not create conditions detrimental to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problem or hazardous conditions, they shall then approve the application and grant the permit for movement of from greater than 100 to less than 5,000 cubic yards of soil, or recommend approval by the Township Council of an application for movement of more than 5,000 cubic yards, upon such conditions as they deem advisable and in accordance with the terms, conditions and provisions of subdivision or site plan approval for land use development of the premises from which the soil is to be removed or relocated.
In reviewing and ratifying Planning Board action upon an application for a permit for movement of more than 5,000 cubic yards of soil, the Township Council shall be guided by the same considerations and shall impose such conditions as it deems advisable and in accordance with the terms, conditions and provisions of subdivision or site plan approval for land use development of the premises from which the soil is to be removed or relocated.
Operations involving the movement of soil off premises or onto premises shall be restricted to street routes established by the Planning Board and approved by the Township Council where necessary hereunder, based on factors which contribute to the best interest of the health, safety and welfare of the residents of the Township.
Where movement of soil is permitted, no person, owner, developer, or excavator shall deposit soil, upon, fill in, or raise the grade of any lot without first making provisions for:
The use of soil or other such materials on such projects, as will not result in deviation from the proposed final grades or the uniformity thereof by reason of shrinkage or settlement.
The collection and storage upon the lot of original topsoil not being 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 the replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. The topsoil stored per this subsection shall be redistributed over the entire area, 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 to a depth of not less than 12 inches, measured from the proposed final grades as shown on the topographical map.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The preservation of existing watercourses, in accordance with the plans on file.
The planting of shrubbery and trees as may be recommended by the Shade Tree Committee.
At no time will excavations be permitted to go below the final grade as established by the approved plans.
The seeding of the entire area upon completion of the restoration of the topsoil in accordance with the requirements hereof. The seed spread shall germinate to the extent that soil erosion by wind and water will be limited; otherwise, it shall be reseeded. The seed shall be rye grass or comparable quality.
The permittee shall, within 10 days after the end of each month, furnish the Township Engineer with certification by a licensed engineer or land surveyor, of the amount of soil removed or relocated during the preceding month.
Prior to the issuance of a permit for the movement of soil, the applicant shall have posted with the Township a performance guarantee conditioned upon full compliance with all the terms and conditions of approval. The amount of the bond shall be in accordance with the recommendation of the Township Engineer, which amount shall be sufficient to insure the faithful performance of the work to be undertaken as approved as well as the correction of any off-site problems caused by the operation and the form of the bond shall be a certified check drawn on a bank which is a member of the Federal Reserve System payable to the Township of Denville and approved by the Township Attorney as to form and execution.
The Township Engineer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He shall, upon his own initiative and whenever directed by the Planning Board, inspect the premises for which permits have been granted to insure compliance with the terms of the permit and of this chapter.
In the event that in the opinion of the Township Engineer, this project for the movement of soil, or any part thereof, has been abandoned or unnecessarily delayed, and completion cannot be met within the time set forth in the permit for the movement of soil, then the Township Engineer may so certify to the Planning Board in writing. After hearing, on seven days' notice to the permittee, in writing, by certified mail, at the address on the permit application, the Planning Board may revoke the permit and so notify the Township Council, which may then call upon any surety and the performance guarantee to complete the project. In the event a cash deposit guarantee is posted, the Township may complete the project and deduct the cost thereof from the deposit. A permit hereunder shall be enforced for a period of time to be determined at the time of the permit. Applications for the extension of the permit shall be made upon the submission of the data required in § 479-3. As to the date of the application for renewal, a permit may be renewed by the Planning Board or the Township Council once, but for a period of time to be determined at the time of renewal.