[HISTORY: Adopted by the City Council of the City of Orange 2-5-74 by Ord. No. 10-74.[1] Amendments noted where applicable.]
[1]
Editor's Note: The following is the preface to Ord. No. 10-74,
which adopted the provisions of this chapter:
"The Board of Commissioners of the City of Orange, in the
County of Essex, hereby finds and determines that:
"(a) The unregulated and uncontrolled removal, relocation,
filling and excavation of soil by the owners of property within the
City of Orange has resulted in conditions detrimental to the public
health, safety and general welfare; and
"(b) A continuance of the unregulated and uncontrolled removal,
relocation, filling and excavation of soil in, upon or from lands
within the boundaries of the City of Orange, in the County of Essex,
will result in serious and irreparable damage to the public welfare
by reason of soil erosion by wind and water; inadequate and improper
surface water drainage or a complete lack of same, the decrease in,
or the destruction of the fertility of the soil, the removal of lateral
support of abutting streets, lands and premises; the creation of excessive
amounts of dust and the deposit of such dust upon adjoining property,
particularly buildings, shrubbery and trees; the deposit upon the
pavements of the streets of the city of large quantities of mud or
dust; the creation of depressions which form mosquito breeding places;
the creation of depressions and pits dangerous to small children;
the deterioration of property values; the rendering of lands unfit
or unsuitable for their most appropriate uses; and the creation of
other conditions hampering and interfering with the coordinated and
harmonious physical development of the city."
For the purposes of this chapter, the following words shall
have the meanings indicated:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two (2) or more dwelling houses or business or
industrial buildings, in any subdivision, for the purpose of sale
to or occupancy by another person or persons.
Any person, firm, corporation, partnership or association
engaged in the moving, removal or excavation of soil or topsoil from,
in or upon any land in the City of Orange.
Any land in the City of Orange in excess of one-half (1/2)
acre in area.
To dig; to excavate; to remove; to deposit; to place; to
fill; to grade, regrade, level or otherwise alter or change the location
or contour; to transport; to supply. This term shall not be construed
to include plowing, spading, cultivation, harrowing or discing of
soil, or in any other operation usually and ordinarily associated
with the tilling of soil for agricultural or horticultural purposes.
Any person seized in fee simple of any land or having such
other interest or estate therein as will permit exercise of effective
possession thereof or dominion thereover.
Any individual, firm, association, partnership or corporation,
or any group of two (2) or more of them.
Any earth, sand, clay, loam, gravel, humus, rock or dirt
without regard to the presence or absence therein of organic matter.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of two percent (2%) or more, by weight, of
organic matter and has the ability to support vegetation.
No owner, developer, excavator or other person shall move, or
cause, allow, permit or suffer to be moved, any soil from, in or upon
any land in the City of Orange, nor shall any owner, developer, excavator
or other person cut down, or cause, allow, permit or suffer to be
cut down, any bank of soil anywhere in said city until a soil permit
therefor shall first have been obtained.
The application procedure for the issuance of a soil permit
shall be as follows:
A.
On a form supplied by the City Engineer, the applicant shall set
forth in duplicate the following:
(1)
The identity and address of the applicant.
(2)
The description of the land in question.
(3)
The identity and address of the owner of the land.
(4)
The purpose or reason for moving, removing or filling the soil.
(5)
The kind and quantity, in cubic yards, of soil to be removed.
(6)
In case of removal, the place to which the soil is to be removed
and the kind and quantity of soil to be removed.
(7)
The proposed dates of the commencement and completion of the work.
(8)
The type and number of the machines or other equipment to be used
in said operation and the daily starting and finishing times during
which machines are to be operated; what fences, barriers or other
structures are to be provided to keep children and others having no
business on the land from being thereon.
B.
Accompanying the application there shall be filed a topographical
map prepared and certified by a licensed civil engineer and land surveyor,
in duplicate, showing:
(1)
The present grade on a one-hundred-foot grid layout.
(2)
The proposed grades at said points when the work has been completed.
(3)
The quantity, in cubic yards, of the soil involved in the work.
(4)
The grades of all abutting streets and lands.
(5)
Proposed slopes and lateral supports.
(6)
Present and proposed surface water drainage.
C.
In addition to the above requirements of Subsections A and B above, the applicant shall furnish such other pertinent data as the City Engineer may require after he has had an opportunity to examine the proposed project, including the extent (in cubic yards) of topsoil to be removed and whether such topsoil is to be replaced on the site in question or moved to some other place and, if so, to what other place.
D.
The application shall be submitted with a permit fee to the order of the City of Orange in the sum provided in Chapter 88, Fees. In the event of a refusal of such soil permit as hereinafter provided, one-half (1/2) of said permit fee shall be returned to the applicant, and the other one-half (1/2) shall be retained partially to cover the expense of the investigation of the project by the City Engineer prior to his refusal to issue the permit.
[Amended 5-18-1982 by Ord. No. 16-82]
In considering the application, the City Engineer shall be guided
by, and shall take into consideration, the following factors:
A.
Soil erosion by water and wind.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the City of Orange.
The City Engineer shall grant or refuse to grant the permit
hereinabove provided for within ten (10) days from the date of the
filing of the application with him, and, in case of refusal, the applicant
may within five (5) days thereafter appeal said refusal to the City
Council of the City of Orange, which, after investigation and study
of the project, shall afford the applicant a public hearing at a regular
meeting of the City Council to be held not less than three (3) weeks
after the appeal of the applicant is filed with the City Clerk. No
refusal of the City Engineer to grant a soil permit shall be reversed
by the City Council except upon the vote of at least two-thirds (2/3)
of its entire membership. The decision of the City Council on any
such appeal shall be immediately communicated to the applicant by
letter, at the address shown upon the application, and to the City
Engineer; and, in the event that said decision is to reverse, the
City Engineer, shall forthwith issue the permit applied for.
In the event that the application for soil removal involves
the complete removal of a bank which extends above the elevation of
the surrounding lands or the elevation of a public road or street
adjacent to the land or lot upon which such removal project is to
take place, such removal shall be conducted in such manner as to leave
the final grade of the land or lot from which the bank is to be removed
no lower than the grade of the surrounding lands or of such public
road or street. The final grade shall be established and maintained
at a minimum of one-half of one percent (1/2 of 1%) to ensure proper
drainage.
In the event that the application for soil removal involves
the partial cutting down of a bank, such project shall be conducted
in such a manner as to leave all sides of the remaining portion of
the bank at a slope of at least one and one-half (1 1/2) horizontal
to one (1) vertical if the resultant bank is less than ten (10) feet
in height, and at least three (3) horizontal to one (1) vertical if
the resultant bank is ten (10) feet or more in height.
A.
Whenever any owner, developer or excavator shall move topsoil in
or upon any land, provision shall be made for the storage of said
topsoil within the boundary lines of said land.
B.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the land
on or before the completion date set forth in the soil permit, so
that the final grade or grades of said replaced topsoil shall be in
accordance with the proposed final grades shown on the topographical
map.
C.
No owner, developer or excavator shall remove to any point beyond
the boundary lines of the land any topsoil whatsoever, unless and
until topsoil not inferior in quality to that to be removed shall
first have been replaced uniformly to a depth of not less than six
(6) inches when spread or not less than four (4) inches when packed
or settled, measured from the proposed final grades as shown on the
topographical map, over the entire surface or area of the land, except
only such portions thereof as shall be or shall have become, since
the date of filing of said 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. In no event
shall the owner, developer or excavator remove from the land more
topsoil than that comprising the surplus or excess remaining after
the replacement of the topsoil as aforesaid.
Every soil removal project authorized under and pursuant to
a permit issued in accordance with the provisions of this chapter
shall be conducted in such a manner as not to create a condition hazardous
to the life or limb of persons who may go upon the property or to
the health, safety or welfare of the city. All boulders, tree stumps
and other debris shall be removed from the property or burned.
Every person who shall transport over the streets, roads or highways of the city any soil removed from any land or lot pursuant to a soil permit issued in accordance with this chapter shall sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from the roads, streets or highways abutting such land or lot for a distance of five hundred (500) feet from the site of the project and for a distance of five hundred (500) feet from the point of delivery of such soil, if such point of delivery is located within the City of Orange, and shall apply, or cause to be applied, to said streets, roads or highways, for the distance herein specified, a dust preventative whenever the same shall be necessary or required by the City Engineer. In the event of the failure, neglect or refusal of any person so to sweep, pick up and remove such dust, dirt or mud, or to apply a dust preventative as required by this section, after notification so to do by any duly authorized officer, agent or employee of the city, the City Engineer is hereby authorized to suspend any soil permit issued to such person for a period of not less than three (3) days or to revoke the same. In the event of revocation, no soil permit shall again be issued to such person unless application therefor is made as required by § 181-3 of this chapter.
Any damage caused to city property, such as curbs, sidewalks,
streets or other city-owned property, but not limited thereto, by
equipment used in soil removal operations by any person, owner, developer
or excavator shall be repaired or replaced by whichever method the
City Engineer deems necessary to correct damage.
No soil permit shall be issued unless and until the applicant
therefor shall have posted with the City of Orange a performance bond
in form and with surety acceptable to the city, and in such amount
as the City Engineer shall determine to be reasonable, depending upon
the nature and extent of the work to be done, conditioned upon full
and faithful performance by the principal, within the time specified
in the application, of all the proposed work in accordance with the
provisions of this chapter and of the soil permit issued pursuant
thereto.
For the purpose of administering and enforcing this chapter,
any duly authorized officer, agent or employee of the City of Orange
shall have the right to enter into and upon any lands in or upon which
soil-moving operations are being conducted, to examine and inspect
such lands.
[Amended 5-18-1982 by Ord. No. 16-82]
Any person, owner, developer or excavator who shall violate
any of the provisions of this chapter shall, upon conviction thereof,
pay a fine not exceeding five hundred dollars ($500.) or be imprisoned
in the county jail for a term not exceeding ninety (90) days, or both,
in the discretion of the court, for each offense. Each day that a
violation shall continue shall constitute a separate offense.
