Town of Westfield, NJ
Union County
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Table of Contents
Table of Contents
[G.O. No. 1129, § 2]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
REDISTRIBUTION
The making of any change or alteration in the grade of any property, using soil derived from within that property.
REMOVAL
Any digging, excavation, placement, replacement, filling, grading, leveling of soil, or any activity which shall alter or change the grade, location or contour of lands, and the transportation or supplying of soil.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
[G.O. No. 1129, § 2]
No person shall remove, permit or cause soil to be removed from or to be filled, placed or replaced on any places within the Town, which shall result in a change of more than 12 inches in the established grade thereof, unless a permit therefor has been issued by the Town Engineer. It shall not be necessary that a separate permit be obtained for each load or unit of soil so removed, filled, placed or replaced; provided, that the work is being done as part of a single removal or filling program for which a permit has been issued; but in the event that the performance of such work shall extend beyond one calendar year, a new permit shall be applied for and obtained annually.
[G.O. No. 1129, § 2]
Any person desiring to remove, redistribute or fill soil for which a permit is required pursuant to Section 22-2 shall file with the Town Engineer an application for such removal, redistribution or filling. Such application shall be signed by the person intending to perform such operation, and by the owners of the premises from or on which soil is to be removed, redistributed or filled, and shall include or be accompanied by the following information:
(a) 
A map of the premises showing the present contour lines at no more than two-foot intervals, and the future contour lines resulting from the proposed removal, filling or redistribution, together with the existing and future proposed grades in relation to the topography of the premises.
(b) 
The reasons for the proposed work and the proposed dates for commencement and completion.
(c) 
The address, lot and block number of the premises from which or on which soil is to be removed or filled, and the names and addresses of the owners.
(d) 
Type and quantity of soil to be moved.
(e) 
Such other pertinent data as Town Engineer shall deem necessary.
[G.O. No. 1129, § 2]
In considering the application, the Town Engineer shall take into consideration and be guided by the following factors relating to the subject property and other properties affected:
(a) 
Soil erosion by water and wind,
(b) 
Drainage and flooding characteristics,
(c) 
Soil fertility,
(d) 
Lateral support slopes and grades of abutting and nearby streets and lands,
(e) 
Land values and uses,
(f) 
Unfavorable environmental impact,
(g) 
Any other factors which may bear upon or relate to the coordinated, adjusted and harmonious development of lands involved and of other lands, in accordance with the Zoning and Building Ordinances and master plan of the Town.
If, after examination of the application and map and consideration of the effect of the proposed operation in the light of the criteria herein set forth, the Town Engineer shall determine that the proposed removal, filling or redistribution shall not create conditions inimical or detrimental to the health, safety or welfare of the Town or any of its inhabitants; will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values; nor create any sewerage or drainage problems or other conditions of danger; nor obstruct or hinder the normal development, maintenance or enjoyment of the lands in question or of adjacent, nearby or surrounding lands according to the master plan of the Town, then he shall issue the permit. Notice of issuance of the permit shall be duly published and advertised in the local paper, and work may not commence under the said permit until five days after the date of such application.
[G.O. No. 1129, § 2]
The decision of the Town Engineer to grant or to deny the permit requested shall be subject to review by the Planning Board, upon the written request of the applicant or of any citizen who shall be affected by the proposed removal, redistribution or filling. Such written request must be filed with the Town Engineer within five days after publication of notice of permit variance; and the Planning Board shall grant a hearing for review of the such action of the Town Engineer within 30 days thereafter. The Planning Board, in considering and reviewing the decision of the Town Engineer, shall be guided by and take into consideration the criteria set forth in Section 22-4 of this chapter and, upon conclusion of such hearing, may affirm the decision and order that a permit be issued or revoked, as the case may be.
[G.O. No. 1129, § 2]
No permit for soil removal, redistribution or filling shall be issued until a fee of $100 shall be paid by the applicant to the Town Engineer, together with a charge of $0.25 per cubic yard for each cubic yard of soil estimated to be removed, redistributed or filled pursuant to such permit, during the period for which permit or extension is to be issued.
The permit fee and charges herein provided may be waived by the Town Engineer, with the consent and approval of the Town Council, when the engineer and Council shall determine that the owner of the premises upon which the proposed work is to be performed is a nonprofit charitable or tax-exempt organization performing services for, and that performance of the proposed soil removal, filling or redistribution is in the best interests of, the citizens of the Town.
[G.O. No. 1129, § 2]
Before any permit for soil removal or filling shall be issued, the owner, or the person conducting such operation shall file with the Town Clerk a surety company bond in an amount to be fixed by the Town Engineer after considering the necessities and requirements of the undertaking, and in a form to be approved by the Town Attorney. Such bond shall be conditioned that the work of soil removal or filling shall comply with the Code and other city ordinances and regulations on the subject, and shall be done in proper manner in accordance with the approved grades, and that the top layer of soil to a depth of four inches shall be set aside and retained to be thereafter respread over the area when the last of the removal and filling has been completed. Such bond shall be further conditioned that repairs at the expense of the owner shall be made to any street used in transportation if the Town shall consider repairs necessary because of such use of the streets, and that the work shall be properly done without detriment to adjoining properties or detriment to the Town and without leaving any sharp declivities, pits or depressions, and that the property shall be leveled off properly and cleared of debris, and that the owner or the person performing such operation will pay the cost of engineering, inspection, supervision and street cleaning incurred by the Town during the progress of the soil removal or filling.
[G.O. No. 1129, § 2]
Any soil removal or filling operation shall be so conducted that there shall be no sharp declivities, pits or depressions and so that the area shall be properly leveled off, cleared of debris and graded; to conform to the approved grades, and shall not substantially increase or alter the existing water drainage characteristics to the detriment of adjacent, nearby or surrounding properties.
The top four inches of arable soil shall not be removed from the premises, but shall be set aside for retention on the premises and shall be respread on the premises when the rest of the soil has been removed or filled pursuant to approved levels, and all of such work shall be completed within the time period specified in the application, and no work shall be carried on except between the hours of 8:00 a.m. and 8:00 p.m. on any weekday.
[G.O. No. 1129, § 2]
In the removal or filling of soil, dirt or other material, only such streets within the Town shall be used for transportation as may be designated for that purpose by the Town Engineer. Such streets shall be kept free from dirt resulting from such soil removal of filling work.
[G.O. No. 1129, § 2]
This chapter shall not apply to excavations or removal or filling of soil incident to work under a permit issued by the building official for the construction of buildings, nor to excavations or removal or filling of soil incident to a permit issued by the Town Engineer for trench work, nor to excavations or filling for improvements being made by the Town or its contractors.
[G.O. No. 1129, § 2]
Nothing in this chapter shall be so construed as to prevent the appropriate Town officials from initiating injunctive proceedings so as to restrain removal, redistribution or filling of soil as described in this chapter.
[G.O. No. 1129, § 2]
If any person shall continue to violate any of the provisions of this chapter after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the Town Engineer, each day of failure to comply with a second notice or lawful order, or with each subsequent notice or order, shall be construed to be an additional violation of this chapter, and each such additional violation shall subject the offending party, upon conviction, to the same penalty as provided for a first offense.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not less than $100 nor more than $500 or be imprisoned in the county jail for not more than 30 days, for each such violation.