[Ord. No. O-20-89 § 174-1]
The purpose of this chapter is to control the disturbance of
land and related changes in grades, elevations or surface conditions
by requiring adequate provisions for surface water retention and drainage
in order to promote the safety, public health, convenience and general
welfare of the community.
[Ord. No. O-20-89 § 174-2]
As used in this chapter:
A person, property owner, partnership, corporation or public
agency requesting permission to engage in land disturbance activity.
An application which addresses and contains all information,
as required by this chapter, in sufficient detail so as to enable
the Town to make an informed decision.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Any activity involving the clearing, grading, transporting,
filling and any other similar activity.
A certificate issued by the Town Engineer authorizing performance
of work in accordance with this chapter.
All mineral material, other than soil.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
Any activity which removes or disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
[Ord. No. O-20-89 § 174-3]
No site, land or land area exceeding 500 square feet or 10 cubic
yards of rock or soil shall be disturbed by any person, partnership,
corporation, municipal corporation or other public agency within this
municipality, unless prior thereto, the applicant has obtained a valid
permit issued by the Town Engineer in accordance with the requirements
of this chapter.
[Ord. No. O-20-89 § 174-4]
A valid permit shall be obtained by filing in triplicate, an
application which shall be accompanied by three copies of a plot plan
with the Town Engineer. The application, which shall be prepared by
a professional engineer licensed to practice in the State of New Jersey,
shall consist of the following:
a.
Property line boundaries, bearings and distances.
b.
Property Block and Lot number.
c.
Property street address.
d.
Property owner's name and address.
e.
A brief statement as to the purpose and intent of the proposed activities.
g.
Limits of tree removal.
h.
Limits of proposed disturbance.
i.
Source of the proposed fill material.
j.
Location of ultimate disposal of excess spoil material.
k.
Proposed dates for commencement and completion of the work.
l.
Such pertinent data as the Town Engineer may deem necessary.
m.
An engineer's estimate of the cost of work to be performed.
n.
Plans shall be drawn to scale and shall show actual dimensions in
figures.
o.
A copy of a soil conservation survey.
p.
A description of proposed drainage and water flow, and existing and
proposed soil characteristics.
[Ord. No. O-20-89 § 174-5]
Within 30 days of receipt of a complete application and plans
as required hereunder, the Town Engineer shall either approve or disapprove
same. In the case of a disapproval, the Town Engineer shall state
in writing, the reasons for same.
[Ord. No. O-20-89 § 174-6]
The following principles shall apply to the plan:
a.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions, during and after development
or disturbance.
d.
Water runoff shall be minimized and retained on site whenever possible
to facilitate ground water recharge.
e.
Land disturbance shall be done in a manner that shall not cause a
change in slope which would result in said slope exceeding 10%.
f.
The top layer of soil to a depth of six inches shall not be removed
from the premises but shall be set aside and respread over the premises
when the remainder of the soil has been removed.
g.
All of the work described in this chapter shall be performed between
the hours of 8:00 a.m. and 8:00 p.m. on any working day.
h.
Approval must be obtained from the Morris County Soil Conservation
District, if required under legislation establishing that body.
i.
Any land disturbance which alters surface water flows, quantity of
runoff or creates or causes ponding is prohibited.
j.
All lots shall be graded so that surface waters will be carried away
from buildings with no diversion of existing surface water flows and
so as not to permit the collection of surface waters on the lot.
[1980 Code § 98-174; Ord. No. O-21-87 § 174; Ord. No. O-20-89 § 174-7]
No soil disturbance permit shall be issued until the fees are
paid by the applicant to the Town and the bond requirements have been
met.
[Ord. No. O-20-89 § 174-8]
Before the permit is issued, the applicant shall file with the
Town Engineer a bond executed by the applicant as principal and by
a surety company licensed to do business in the State of New Jersey
as surety. The amount of the bond shall be for the full cost of the
work to be performed. The bond shall be conditioned as follows:
a.
That the permittee will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
chapter on or before the date of completion set in the application.
b.
That the applicant will repair any public street, structure or land
which may be damaged as a result of the work authorized by the permit.
[Ord. No. O-20-89 § 174-9; Ord. No. O-2-08]
The person who violates, and any landowner who permits any person
to violate, any of the provisions of this chapter or fails to comply
or adhere to the permit granted hereunder shall be subject to any
action filed in Superior Court for injunctive relief and or damages
for the restoration or correction of said violation or violations.
In addition, any person who violates any of the provisions of
this chapter or fails to comply or adhere to the permit granted hereunder,
shall be subject upon conviction in the Municipal Court of such punishable
offense, to be fined not exceeding $500 or imprisonment. Each and
every day that such violation continues shall be considered a separate
offense.
Any land disturbance which creates a drainage problem, as determined
by the Town Engineer, shall represent a violation of this chapter.
[Ord. No. O-20-89 § 174-10; Ord. No. O-6-05]
a.
Specifically exempted from the terms of this chapter are sanitary
land fills for which permits have been issued by the New Jersey Department
of Environmental Protection or an applicant whose project is governed
by a site plan approved by the Zoning Board of Adjustment or the Planning
Board.
b.
Gardens and landscaping in residential zones involving changing of grades 12 inches or less shall be exempt provided that the general design principles set forth in § 27-6 are adhered to.
c.
Mulch piles used for on-site gardening or soil revitalization shall
be exempt.
d.
One to four family residential dwellings, where the project involves disturbance of less than 2,000 square feet of soil, may be exempt from some or all of the requirements of § 27-4 at the discretion of the Town Engineer, where he determines that the general design principles of § 27-6 are satisfied, after a review of the proposed plans and site conditions.
[Ord. No. O-20-89 § 174-11; Ord. No. O-42-00]
The requirements of this chapter shall be enforced by the Mayor or his designee, who shall also inspect or require adequate inspection of the work. If the Enforcement Officer finds conditions not as stated in the applicant's plan, he or she may refuse to approve further work and may seek other penalties as provided in § 27-9.
[Ord. No. O-20-89 § 174-12]
Appeals from the Town Engineer's decision under this chapter
may be made to an appellate committee comprised of three Council Members.
The appeal shall be made in writing by the applicant, submitted to
the Town Business Administrator, within 10 days from the date of such
decision. The applicant shall be entitled to a hearing before the
appellate committee within 20 days from the date of the appeal and
a decision shall be rendered within 10 days following the completion
of the hearing.
