Editor's Note: Prior ordinance history: 10/14/65;
11-92.
a.
The unregulated and uncontrolled relocation, filling, excavation
and moving of soil and/or fill has resulted and can result in conditions
detrimental to the public safety, health and general welfare, substantially
hampering and deterring the efforts of the Township of Roxbury to
effectuate the general purpose of municipal planning, and must be
controlled.
b.
The unregulated and uncontrolled relocation, filling, excavation
and moving of soil and/or fill will result in serious and irreparable
damage to the public welfare by reason of consequent soil erosion
by water and wind; inadequate and improper surface water drainage;
increased flooding and flood damage both within and without the township;
the decrease in or destruction of the fertility of soil; the decrease
of structural integrity of the township roadways; the removal of lateral
support of abutting streets, land and premises; the creation of dust
storms and mosquito-breeding areas; the creation of dangerous depressions;
the deterioration of property values; the rendering of lands unfit
or unsuitable to their most appropriate uses; and the creation of
other factors and elements affecting the coordinated, adjusted and
harmonious physical development of the township, and must be controlled
and regulated.
The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation and moving of soil
and/or fill by property owners, developers and excavators which may
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 purpose as expressed herein.
As used in this chapter, the following terms shall have the
meanings indicated:
shall mean any person or entity who, either directly or through
an employee, agent or independent contractor, or any other representative
engages or intends to engage in depositing, storing, excavating, removing,
moving on-site, grading, or regrading 20 cubic yards or more of soil
and/or fill, as defined in this chapter, from, to, or upon any lot,
lots, or parcel of land within the township.
shall mean the township engineer or board engineer, (whoever
has jurisdiction for said permit).
shall mean any person who deposits, stores, excavates, removes,
moves, grades, or regrades soil and/or fill.
shall mean any parcel of land or portion thereof, the boundary
lines of which can be ascertained by reference to the maps and records,
either, in the office of the tax assessor of the township or in the
office of the Morris County Clerk. For the purposes of this chapter,
a "lot" shall also be deemed to be any contiguous parcels of land
under common ownership, which ownership can be ascertained by reference
to the maps and records, either, in the office of the tax assessor
of the township or in the office of the Morris County Clerk.
shall mean any soil permit other than a minor soil permit
for the moving of soil and/or fill within any period of 12 consecutive
months.
shall apply to any of the following activities: (1) all activities
involving the moving of soil and/or fill on individual lots where
such activity is not, and has not been within the past five years,
subject to site plan, subdivision and/or variance approval; or (2)
activities involving the moving of less than 1,000 cubic yards of
soil and/or fill within any 12 consecutive months, provided, however,
that if two or more applications in any period of 12 consecutive months
involve the moving of more than 1,000 cubic yards cumulatively, such
applications shall require a major soil moving permit.
shall mean to dig; excavate; remove; deposit; place; fill;
grade; regrade; level or otherwise alter or change the location or
contour; or to transport or to supply soil and/or fill. This term
shall not be construed to include plowing, spading, cultivating, harrowing
or disking of soil and/or fill or any other operation usually and
ordinarily associated with the tilling of soil and/or fill for agricultural
or horticultural purposes, landscaping and gardening by homeowners
or agents of homeowners, provided it does not alter existing drainage
patterns.
shall mean any person seized in fee simple of any lot or
having such other interest or estate therein as will permit exercise
of effective possession thereof or dominion thereover.
shall mean any earth, sand, clay, loam, gravel, humus, rock,
boulders, or dirt, without regard to the presence or absence therein
of organic matter, including any synthetic substance used as a substitute
or in conjunction with soil.
shall mean a location where the principal use is the commercial
mining of rock, ore, stone, sand, soil and/or similar materials for
sale or for off-tract use.
shall apply to any of the following circumstances: (1) extension
of the termination date of a previously issued soil permit for a period
of one year or less; (2) a change in the location of the disposal
or borrow site of a previously issued soil permit where such change
would not involve transport over local streets different from those
designated as the route of travel in the previously issued permit;
(3) a change in the route of travel over Federal, State or County
roads to/from the disposal/borrow site of a previously issued soil
permit; and (4) a change of less than 1,000 cubic years in the quantity
of soil and/or fill to be moved pursuant to a previously issued soil
permit, provided that the cumulative quantity of soil moved does not
exceed 1,000 cubic yards within any 12 consecutive months.
Suitable materials shall include but not be limited to materials
such as earth, clay, gravel, stone, dirt, etc. as determined by the
engineer.
shall mean soil and/or fill that, in its natural state, constitutes
the top layer of earth and is composed of two percent or more, by
weight of organic matter and has the ability to support vegetation.
Unsuitable materials are materials such as peat moss, organic
material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical
waste, tires, large rocks, wooden logs, etc. as determined by the
engineer.
No owner, applicant, excavator, or other person or entity shall
move or cause, allow, permit or suffer to be moved 20 or more cubic
yards of soil and/or fill in or upon any lot in the township until
a soil moving permit therefor shall first have been issued in accordance
with the provisions of this chapter.
The procedure for applying for and issuance of a minor soil
moving permit shall be as follows:
a.
Applications for minor soil permits shall be filed with the township
engineer and shall be accompanied by the fee prescribed in subsection
17-7.1a of this chapter. Applications shall be made in triplicate,
on forms prescribed by the township and supplied by the township engineer.
In addition to any other requirements which the township, acting through
the township engineer, may require on data pertinent to the application,
the application shall show the following:
1.
The name, address and telephone number of the applicant.
2.
The lot and block numbers and street address of the lot or lots involved.
3.
The name, address and telephone number of the owner of the property.
4.
The purpose or reason for the moving of soil and/or fill.
5.
The kind and estimated maximum quantity in cubic yards of soil and/or
fill to be moved.
6.
The maximum amount of soil and/or fill to be moved in any one day.
7.
Tree removal. Evidence of compliance with the Township's Tree
Conservation Ordinance, Chapter XIII, Article 9 of the General Ordinances
of Roxbury Township.
8.
The proposed date of start and completion of the work.
9.
The township engineer may require the applicant to submit an existing
topographical map and proposed grading and drainage plan. For applications
involving more than 250 cubic yards in the quantity of soil to be
moved, the applicant shall give notification by certified mail to
the property owners within 200 feet of the subject property. The applicant
shall also give notification by certified mail to other property owners
who may be directly or indirectly affected if the township engineer
deems it necessary due to the existence of drainage or erosion problems
and to protect the health, safety and welfare of the applicant, the
property and the community. The notice shall provide for objections
to be made within ten days of date of notice, or failing same, the
township engineer may presume that the notified party has no objection
to the application. The applicant may obtain a certified list of property
owners within 200 feet of the subject property from the Roxbury Township
Tax Search Officer upon the payment of the prescribed fee. Notice
shall be deemed complete upon the posting of the notice by certified
mail, return receipt requested.
10.
The destination of soil and/or fill to be moved, the route over which
the material will be transported; the hours of operation, whether
it be actual excavation or soil and/or fill moving activity; or the
transporting of soil and/or fill shall be set forth in the application.
Additionally, all safety procedures and precautions which shall be
taken shall be enumerated in the application as well as the method
of storage of any soil and/or fill on any property within the township
and all procedures which shall be followed for the storage of soil
and/or fill which will ensure that the subject property, abutting
properties, any other properties, driveways, walkways, streets, and
other facilities will not be adversely affected by the storage of
said soil and/or fill and this shall include, but not be limited to,
all soil and/or fill erosion and sediment control measures which shall
be implemented.
11.
The name, address, and telephone number of the person having direct
charge over the soil and/or fill moving operation.
12.
The name, address and telephone number of the excavator, contractor,
or person having express charge, supervision, and control of the actual
site excavation or soil and/or fill moving.
13.
An alternate person, address, and phone number who may be contacted
in the event the person or persons listed in paragraphs 11 or 12 above
are not available.
14.
An applicant proposing to import more than 250 cubic yards of soil
and/or fill, excepting screened topsoil, from outside of the Township
shall identify the location of the borrow site(s) and shall provide
information sufficient to satisfy the township engineer that such
soil/fill is clean and free of chemical, biological or radiological
contaminants in accordance with applicable residential soil standards
promulgated by the NJDEP.
b.
The township engineer, upon receipt of the application, shall make
a field investigation and shall issue the permit or deny it, giving
the reasons for denial. The township engineer will forward a copy
of the permit to the township clerk, the planning board or board of
adjustment and one copy to the applicant and shall retain one copy
on file. The township engineer shall classify any minor soil application
as a major soil application if he finds that the application should
be considered as part of a site plan or subdivision application, or
that the application may present drainage or erosion problems, or
that it may adversely affect abutting property, or other property.
The procedure to apply for and issuance of a soil permit modification
shall be as follows:
a.
Applications for soil permit modification shall be filed with township
engineer and shall be accomplished by the fees prescribed i subsection
17-7.1c, and subsection 17-7.3 hereof. Applications shall be made
in triplicate, on forms prescribed by the Township and supplied by
the township engineer. In addition to any information which the township
engineer may require pertinent to the application, the application
shall include the following:
1.
A copy of the previously issued soil permit as to which modification
is being sought;
2.
Copies of all previously issued modifications and/or extensions of
the soil permit for which modification is being sought;
3.
Copies of all site plan, subdivision and/or variance approvals previously
issued in connection with the activity to which the subject soil permit
applies;
4.
A brief description of the proposed permit modifications, including
the type and estimated quantity of soil movement to which the modifications
would apply, and any new borrow or disposal sites being proposed;
5.
For soil permit modification applications involving an increase of
more than 250 cubic yards in the quantity of soil to be moved, the
township engineer may require submission of existing topographical
data and a proposed grading and drainage plan. The applicant shall
give notification by certified mail to the property owners within
200 feet of the subject property. The applicant shall also give notification
by certified mail to other property owners who may be directly or
indirectly affected if the township engineer deems it necessary due
to the existence of drainage or erosion problems and to protect the
health, safety and welfare of the applicant, the property and the
community. The notice shall provide for objections to be made within
ten days of date of notice, or failing same, the township engineer
may presume that the notified party has no objection to the application.
The applicant may obtain a certified list of property owners within
200 feet of the subject application. The applicant may obtain a certified
list of property owners within 200 feet of the subject property from
the Roxbury Township Tax Search Officer upon the payment of the prescribed
fee. Notice shall be deemed complete upon the posting of the notice
by certified mail, return receipt requested.
b.
Upon receipt of the application, the township engineer may conduct
a field investigation and shall issue the permit modification or deny
it, giving the reasons for denial. The township engineer will forward
a copy of the permit modification to the township clerk, planning
board or board of adjustment, and the applicant. The township engineer
shall classify any soil permit modification as a major soil permit
application if he finds that the application should be considered
a part of a site plan or subdivision application, or that the application
may present drainage or erosion problems, or that it may adversely
affect abutting property or other property.
The procedure for applying for and issuance of a major soil
moving permit shall be as follows:
On forms prescribed and supplied by the planning board or board
of adjustment, the applicant shall set forth, in duplicate, to the
planning board or board of adjustment, with carbon copies to the engineer
and zoning enforcement official's office:
a.
The name, address and telephone number of the applicant.
b.
The names, addresses and telephone numbers of the owners of the premises.
c.
If the soil moving application is submitted in conjunction with site
plans and subdivisions and the applicant or owner is a corporation,
the names, addresses and telephone numbers of the officers of the
corporation, the board of directors and each and every stockholder
of record possessing greater than ten percent interest in the stock
of the corporation.
d.
The relationship between the applicant and the owners.
e.
The interest that the applicant has in the lands in question.
f.
The description of the lands in question, including lot and block
numbers of the lot or lots involved and street addresses.
g.
The purpose or reason for moving the soil and/or fill and whether
it will be done in connection with a proposed subdivision; if so,
the date of filing the application for subdivision and the approval
date of the subdivision.
h.
A detailed statement or the method of process to be employed for
the excavation and the proposed time period for moving.
i.
The kind and quantity in cubic yards of the soil and/or fill to be
moved or removed.
j.
In case of deposit, removal, or replacement of soil and/or fill,
the place to which the soil and/or fill is to be deposited, removed,
or replaced and the place from which the quantity of soil and/or fill
to be deposited, moved, or removed, in fill and excavation, and the
transportation route to be used within the township.
k.
The proposed date of the start and completion of the work, including
hours and days of operation.
l.
The name, address and telephone number of the excavator, contractor
or the person having express charge, supervision and control of the
proposed excavation work. If this information is not available at
time of application, it shall be provided to the township engineering
department in writing before any construction commences.
m.
The number, capacity, type and description of each piece of equipment
to be used in the operation and the number of truckloads to be moved.
n.
The routes over which the material will be transported and the method
of traffic control.
o.
The method of abating noise and dust in the operation.
p.
Evidence of compliance with the Township's Tree Conservation
Ordinance, Chapter XIII, Article 9 of the General Ordinances of Roxbury
Township.
q.
The means of assuring lateral support and preventing erosion, floods
and washing of silt into streams.
r.
The submission of an integral soil and/or fill erosion and sedimentation
control plan. This plan shall be approved by the Morris County Soil
Conservation District where applicable.
s.
The means of protecting neighboring properties, or any other properties
which may be affected, from the effects of the operation.
t.
If deemed appropriate by the engineer, the applicant shall supply
a certificate from a surveyor licensed in the State of New Jersey
that the applicant has placed or caused to be placed stakes at each
corner of the lot or lots on which soil and/or fill is to be moved,
and further, that the applicant has placed or caused to be placed
grade stakes at the existing elevation points designated on the topographical
map pursuant to the provisions of this chapter, clearly marked to
indicate the soil cuts and/or fill.
u.
In the event that the moving of said soil and/or fill is in connection
with development or subdivision, all of the information required under
the terms of the applicable Subdivision Ordinance of the Township.
v.
Such other pertinent data as the planning board or board of adjustment
of the township may hereinafter reasonably require.
w.
The moving of soil and/or fill in, to, or from flood plains must
be approved by the New Jersey Department of Environmental Protection
before any municipal permit is obtained.
x.
If there is any indication that there are any wetland areas within
the confines of the lot which is the subject of the soil moving application
then said wetlands shall be delineated on a map to be supplied by
the applicant with the application for the soil moving permit. The
applicant shall also be obligated to obtain a letter of interpretation
from the New Jersey Department of Environmental Protection with regard
to the wetlands delineation indicated on said map and said letter
of interpretation shall be submitted to the township prior to the
issuance of any soil moving permit by the township.
y.
An applicant proposing to import more than 250 cubic yards of soil
and/or fill from outside of the Township shall identify the location
of the borrow site(s) and shall provide information sufficient to
satisfy the township engineer that such soil/fill is clean and free
of chemical, biological, or radiological contaminants in accordance
with applicable residential soil standards promulgated by the NJDEP.
Said application shall bear the signature of the applicant and
the endorsement of the owner or owners of said lands signifying approval
of the application, consent to the applicant to perform the proposed
work and consent to the township, in the event of failure of the applicant
to do so, to cause the proposed work to be completed or otherwise
terminated in keeping with the purposes and objectives of this chapter.
Accompanying the application shall be four prints of a topographical
map of the lot upon which the proposed sill cut and/or fill moving
operations are to be conducted. If deemed appropriate by the engineer,
a map showing surrounding lands within 200 feet of the perimeter of
the disturbed area, shall be prepared and certified by a licensed
professional engineer or land surveyor of the State of New Jersey,
on a scale of not less than one inch equals 100 feet and referring
to the United States Coast and Geodetic Survey datum, showing as to
both the lot and the surrounding lands. Where a soil moving permit
is sought in connection with a subdivision or site plan and a grading
plan is submitted as part of the site plan or subdivision application,
if the engineer is satisfied that the grading plan adequately depicts
the disturbed area with respect to the amount of soil to be relocated,
then, at the discretion of the engineer, a separate plan would not
be necessary as part of the application for soil moving permit.
a.
The engineer shall make an inspection of the site on which soil and/or
fill is to be moved and shall make or cause to be made such engineering
studies as may be required to determine the effect of the movement
of soil and/or fill on the location as it relates to:
1.
Soil and/or fill erosion by water and wind.
2.
Surface and subsurface water drainage.
3.
Soil and/or fill fertility.
4.
Lateral support of abutting streets and lands.
5.
Public health and safety.
6.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township.
b.
Where the engineer has deemed stakes appropriate pursuant to Section 17-6.1t hereof, the engineer shall inspect the aforesaid site to determine compliance with said section and whether stakes have been placed at the existing points designated on the topographical map or, a grading plan, where such grading plan has been determined to be acceptable pursuant to subsection 17-6.3 hereof. Before the engineer inspects the applicant's land, the applicant's licensed land surveyor shall certify the location of any and all stakes as may be required pursuant to subsection 17-6.1t.
The planning board or board of adjustment shall fix a date for
hearing within 45 days after the receipt of the application and shall
give to the applicant, either personally or by mail, notice of the
time and place of said hearing. The applicant shall, at least ten
days prior to the date appointed for said hearing, serve written notice
in person or by certified or registered mail upon such persons as
are shown on the municipal tax records to be the owners of such lots
within 200 feet of the property in question. The applicant shall also,
at least ten days prior to the date appointed for said hearing, place
a legal advertisement in the official newspaper of the township, setting
forth its request for a soil moving permit, which notice shall include
the name of the developer, a description of the property by lot and
block, and the street address, the amount of soil and/or fill to be
moved, the purpose for which the soil and/or fill is to be moved and
the time, date and place of said hearing. The applicant shall, at
the hearing, present to the planning board or board of adjustment
satisfactory proof, in affidavit form, of the service and publication
of said notices.
In considering the application, the planning board or board
of adjustment shall be guided by the general purposes of municipal
planning and shall take into consideration the following factors:
a.
Soil and/or fill erosion by water and wind.
b.
Surface and subsurface water drainage.
c.
Soil and/or fill fertility and soil-bearing capacity.
d.
Lateral support of abutting streets and lands.
e.
Public health and safety.
f.
Land values and uses.
g.
The general welfare of the municipality and of the citizens of the
township.
h.
The proper restoration of the premises after excavation as to safety
and aesthetics.
i.
The effect of flooding upon the premises in question and other property
within and without the township.
j.
Whether the proposed work will create a nuisance.
k.
Whether the proposed work is necessary in connection with the development
of residential property.
l.
The effect that the proposed moving of soil and/or fill would have
on individual sanitary sewage disposal system and/or water supply
systems.
m.
The preservation of existing watercourses.
n.
The creation of sharp declivities, pits or depressions.
o.
Whether the proposed moving of soil and/or fill constitutes a commercial
activity.
p.
Proposed complete site plan or preliminary subdivision plan.
q.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township.
r.
Proposed soil and sedimentation control plan.
s.
An approved trucking route for the relocated soil so as to prevent
any serious traffic problems and to protect the structural integrity
of the township roadways.
The planning board or board of adjustment shall review and consider
the completed application, all of the requirements of the provisions
of this chapter, the material factors brought up at the public hearing
and the reports of other reviewing authorities of the township and
shall either grant or deny the issuance of said soil permit. If the
planning board or board of adjustment denies the permit, the reason
for the denial shall be stated. The planning board or board of adjustment
may also issue a permit with stipulations and conditions. The planning
board or board of adjustment shall grant or deny the application within
45 days of the filing of a complete application or within such further
time as may be mutually consented to between the applicant and the
planning board or board of adjustment.
Primary jurisdiction for approval of applications for soil permits shall be that of the planning board. However, in all instances where the board of adjustment has primary jurisdiction of a site plan application, subdivision application, or other application pursuant to the provisions of the New Jersey Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and there is a soil permit applied for in conjunction with or as part of said application, then the board of adjustment shall be substituted for the planning board as the agency charged with the responsibility of reviewing said soil permit application, applying all of the criteria and requirements of this chapter and rendering a decision pursuant to subsection 17-6.7 of this chapter.
A single minor or major soil moving permit may be issued to allow the removal of soil from one property within the Township and the depositing of the same soil on another property within the Township. The application for such a permit may be made (a) jointly by the owners of both properties or by applicants duly authorized by such owners, or (b) by the owner of one property, or a duly authorized applicant, with the written consent of the owner of the other property. Such joint applications shall contain the information required under subsection 17-6.1, 17-6.2 and 17-6.3, for both properties and shall be processed in accordance with the procedures set forth in this section 17-6.
The fees set forth in Chapter XXIV, subsection 24-5.1 are to be paid with soil applications and will not be refundable whether the permit is issued, denied or withdrawn.
Except in circumstances where soil movement is planned to occur exclusively within the confines of the property upon which the soil being moved originates or any property in common ownership and contiguous therewith, a soil moving fee will be as set forth in Chapter XXIV, subsection 24-5.1 per cubic yard of fill or excavation less the soil application fee. If the application for soil moving permit is voluntarily withdrawn, the soil moving fee shall be refunded less the expenses incurred by the township.
The applicant shall also be responsible for payment of engineering and legal review and inspection fees. See Chapter XXIV, subsection 24-5.1 for fees.
All utility companies and Federal, State and local authorities,
including the board of education and charitable organizations, may
be exempt from the requirements of soil application fees and soil
movement fees at the discretion of and upon application to the township
council.
a.
In the event that the planning board or board of adjustment approves
the soil moving permit application, the planning board or board of
adjustment shall forthwith give notice to the applicant of the action
taken. When a performance guarantee is required, the planning board
or board of adjustment shall also give notice of the amount of the
performance guarantee required as hereinafter set forth in this section.
In the event that the applicant fails to post the required performance
guarantee within 60 days of said notice, then the approval of the
planning board or board of adjustment shall be automatically rescinded,
but in no event shall any soil and/or fill moving activities be begun
until required performance guarantees are posted.
b.
No major soil moving permit shall be issued unless the applicant
therefor shall have posted with the township a performance guarantee,
in the form approved by the township attorney, in either cash or its
equivalent, or a surety bond as specified by the township council,
in such amount as the planning board or board of adjustment, upon
written recommendation of the engineer, shall determine, 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 moving permit
issued pursuant hereto.
c.
Amount of performance guarantee.
1.
The amount of said performance guarantee shall be determined at the
rate of not less than ten ($0.10) cents per cubic yard and not in
excess of fifty ($0.50) cents per cubic yard of the amount of soil
and/or fill to be moved; provided, however, that in no event shall
said performance guarantee be less than the principal amount of two
thousand ($2,000.00) dollars. The planning board or board of adjustment
may request additional performance guarantees for improvements shown
on the soil moving application or plan, such as but not limited to
the following: retaining walls, planting, drainage, erosion control,
damages to property and public improvements in haul route, etc.
2.
In ascertaining the rate upon which to compute the amount of the
performance guarantees, the planning board or board of adjustment
shall take into consideration such factors as may bear upon the facility
with which the proposed work may be performed, including but not limited
to the type and character of soil and/or fill, the extent of the area
over which the soil and/or fill moving operations are to be conducted,
the extent and depth of the various cuts and fills, the extent to
which the area of operations is wooded, the proximity of the proposed
operations to streets, buildings, structures, natural or artificial
streams or watercourses and general drainage conditions.
d.
Before the holder of any soil moving permit shall proceed before
the planning board or board of adjustment with any application for
any amendment or alteration of the terms and conditions of any outstanding
soil moving permit, there shall be submitted to the planning board
or board of adjustment, if a performance bond was posted, the written
consent of the surety on said bond approving said application for
amendment or alteration and consenting to extension of the bond coverage
thereto.
e.
Applications for the release of any performance guarantees posted
in accordance with the terms of this section or the resolutions of
the planning board or board of adjustment shall be accompanied by
an as built drawing and affidavit stating that the soil and/or fill
moving operation has been completed in accordance with the application
and all plans, maps and other data filed therewith and in accordance
with all resolutions and conditions therein adopted by the planning
board or board of adjustment. Said affidavit shall be executed by
a licensed professional engineer or land surveyor of the State of
New Jersey.
a.
The soil moving permit shall be in such form as may be prescribed
by the planning board or board of adjustment. A major soil permit
shall be signed by the secretary of the planning board or the chairman
of the planning board, or the secretary or chairman of the board of
adjustment, and it shall contain any special conditions set forth
in the recommendation. A minor soil permit shall be signed by the
township engineer.
b.
All soil moving permits shall specify an effective date within one
year of the date of the planning board or board of adjustment's
resolution of approval of the soil relocation application. The term
of said permit shall not exceed one year from the effective date.
c.
All permits shall automatically expire on the termination date, unless
application for renewal has been made and approved in writing, extending
such permit. Each such extension shall not exceed one year from the
termination date. A permit extension shall not be granted if the application
is currently in noncompliance with any of the terms of the permit.
No more than two (2) extensions of a major soil moving permit may
be granted by the township engineer. For subsequent extensions of
a major soil moving permit may be granted by the township engineer.
For subsequent extensions of a major soil permit, applicant shall
reapply to the board of original jurisdiction, which may deny the
extension and/or amend the permit to require compliance with new requirements
of this chapter or of the Township's Land Development Ordinance
to the extent that the development does not have statutory immunity
from same.
d.
Hours of operation. There shall be no soil and/or fill moving operations,
which includes loading and unloading, at any time between 4:00 p.m.
and 8:00 a.m., prevailing time, nor at any time on Sunday or legal
holidays, nor on Saturday after the hour of 12:00 noon. The approving
authority is authorized to, by resolution, further restrict the hours
of operation based on an individual applicant's circumstances
regarding the particular streets to be utilized, the proximity of
residential or highly trafficked areas, the location of the operation
and any other objective reasons relating to hours of operation.
e.
No soil moving permit shall be issued until it is determined that
there are no outstanding taxes or assessments for local improvements
due or delinquent on the property for which the application is made.
No person to whom a soil moving permit has been issued shall:
a.
Conduct or maintain on the premises any sand, gravel or similar kind
of pit; any sand or gravel washing or screening machinery or equipment;
any business or industry not permitted in the district in which said
premises are located and classified by the Roxbury Township Land Use
Ordinance, as amended and supplemented; or any endeavor or enterprise
other than the grading or regrading of said premises in accordance
with the provisions of said permit and, where applicable, the necessary
disposal of soil incidental to said grading or regrading.
b.
Conduct or maintain any soil and/or fill moving operations without
having first made adequate provisions for the prevention of dust incidental
to the use of vehicles, machinery and equipment on the lands described
in the soil permit in compliance with the soil erosion and sediment
control plan.
c.
Neglect to dispose of, on or before the completion date stated in
the application, any partially or wholly excavated boulders or other
noncombustible debris resulting from the soil and/or fill moving operations,
by burial or removal, and any partially or wholly excavated stumps,
felled or uprooted trees or other combustible debris resulting from
the soil and/or fill moving operations.
d.
Conduct any soil and/or fill moving operations beyond the expiration
date as set forth in the soil moving permit or extended expiration
date as may duly be granted by the planning board or board of adjustment.
e.
Leave the site or enter the township with loose soil or mud attached
to the outside of the trucks.
f.
Use township roadways without first making provisions for maintaining
these roadways to a condition equal or better than the existing condition.
a.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of said topsoil within
the boundary lines of said lot.
b.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot 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 developer or excavator shall remove to any point beyond the boundary
lines of the lot 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 inches, measured from the
proposed final grades as shown on the topographical map, over the
entire surface or area of the lot, excepting 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 developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil as
aforesaid.
No developer or excavator shall, at any time in the course of
the work, dig or excavate more than 12 inches below the proposed final
grades as shown on the topographical map unless:
a.
The soil moving permit specifies otherwise and the performance guaranty,
hereinbefore referred to, makes specific provisions for replacement
on or before the completion date set forth in the soil moving permit,
of soil and/or fill of sufficient quantity and kind to restore the
final grades to those shown on the topographical map; or
b.
After issuance of the soil moving permit, the developer or excavator,
before digging or excavating below said 12 inch level, shall apply
to the planning board or board of adjustment and be granted an amendment
of the application and topographical map then in effect, which amendment
may be granted upon such terms as the planning board or board of adjustment
may deem necessary to assure adherence to the purpose and objectives
of this chapter.
No developer or excavator shall deposit soil and/or fill upon,
fill in or raise the grade of any lot without first making provision
for:
a.
The use in said work of soil and/or fill or such other materials
as will not result in deviation from the proposed final grades or
the uniformity thereof by reason of abnormal shrinkage or settlement.
b.
The collection and storage upon the lot of the original topsoil,
to the end that said topsoil shall not be buried beneath soil and/or
fill 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 said replaced
topsoil shall be in accordance with the proposed final grades shown
on the topographical map. In the event that such provision is not
practicable, provision shall be made for the uniform placement over
the entire area or surface of the fill soil or other material, 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,
of a layer of topsoil not inferior in quality to that of the original
topsoil, to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map.
c.
Seeding of the property, which shall be accomplished within one month
after completion of the soil and/or fill moving operation, weather
permitting, but in no event shall seeding of the property be accomplished
more than three months after completion unless an extension of time
is granted. The applicant shall maintain the seeded area for a period
of one year after completion.
a.
Nothing in this chapter shall be construed to affect or apply to
any person engaged in the moving of soil and/or fill in and upon lands
enrolled in the soil conservation program of the Northeastern Jersey
Soil Conservation District of the United States Department of Agriculture
Soil Conservation Service and for which lands an "approved farm plan"
has been established by said agency, provided that all soil and/or
fill moving operations in and upon such lands are performed in accordance
with said approved farm plan.
b.
The provisions of this chapter shall not apply to excavations for
building foundations or driveways related to one single-family residential
building not part of a two-lot-or-more subdivision approval, nor shall
it apply to excavations for lines, septic tanks or sanitary sewer
installations.
c.
A soil mining operation may apply to the mayor and council for waivers
of any of the terms of this ordinance based upon prior approvals and/or
agreements as may be applicable to the specific soil mining operation.
d.
Gardening and landscaping activities relating to existing residential
structures and involving a disturbance of less than 5,000 square feet,
provided that it can be demonstrated to the satisfaction of the township
engineer that such activity will not result in any significant change
in the drainage pattern of the lot.
a.
For the purpose of administering and enforcing this chapter, a duly
authorized agent of the office of the township engineer shall have
the right to enter into and upon any lands in or upon which soil and/or
fill moving operations are being conducted, to examine and inspect
such lands in order to determine compliance with the requirements
of any soil moving permit issued.
Any person, partnership or corporation, or other legal entity, violating any provision of this chapter upon conviction of the municipal court, shall be subject to the penalties described in Chapter III Police Regulations or section 3-1 Penalty of the General Ordinances of the Township of Roxbury.
