[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:
APPLICANT
A person, property owner, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
COMPLETE APPLICATION
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.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCES
Any activity involving the clearing, grading, transporting, filling and any other similar activity.
PERMIT
A certificate issued by the Town Engineer authorizing performance of work in accordance with this chapter.
ROCK
All mineral material, other than soil.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
STRIPPING
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.
f. 
Existing and proposed:
1. 
Topographic contour lines, at all even two foot intervals.
2. 
Spot grades at each property corner.
3. 
Spot grades at the limit of all proposed activity.
4. 
Walls, fences.
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.
a. 
Soil disturbance permit shall be 2% of the cost of soil disturbance, removal or excavation work to be performed as determined and certified by applicant's engineer, but not to exceed a maximum of $2,000.
b. 
Charge per cubic yard for each cubic yard removed: $0.01.
[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.
e. 
The Town Engineer is authorized to promulgate regulations establishing standards for exemption of some or all of the requirements of § 27-4, in accordance with Paragraph d.
[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.