[MC 2002-29 § 17:11-19, December 2, 2002]
The purpose of this section is to control unregulated and uncontrolled excavation, removal, placement and movement of soil and other mineral deposits that can result in conditions detrimental to the public health, safety, and welfare. While State Soil Conservation Service regulations control soil erosion and runoff for areas of disturbance in excess of five thousand (5,000) square feet, much of the development in the City occurs on small lots with less substantial areas of disturbance. Soil movement has therefore been uncontrolled. This has resulted in soil runoff onto properties adjacent to construction, muddy streets and blocked public ways, the introduction of soil deposits into the City stormwater system, and the removal of valuable topsoil. This regulation is an attempt to reduce such harmful effects to the environment and character of the City.
A. All topsoil from disturbed areas of properties shall be set aside on the premises separately from other subsoil. No such topsoil shall be removed from a site. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches (4) of even cover to all disturbed areas of the site and shall be stabilized by seeding or planting in accordance with Soil Conservation Service Standards.
B. Soil mounds are to be maintained on the property in a manner as to prevent erosion onto adjacent properties. No soil is to be located so as to block pedestrian access across the property within the public right-of-way. Proper safeguards such as the placement of temporary plantings and walls are to be taken by the contractor at all times to insure such soil stabilization.
C. An appropriately sized refuse container shall be maintained at all times on the subject property for use by the site contractor. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No site generated waste shall be buried on site except in accordance with N.J.A.C. 7:26-17 and the requirements of the Construction Official. Subsoil removal from the property will be accomplished in accordance with accepted Soil Conservation Service methods and the requirements of the Construction Official. All appropriate measures, including installation of stone tracking areas, and the washing down of trucks, are to be taken if necessary to reduce the potential for tracking mud into streets. Mud cannot be allowed to flow into streets. The contractor will take all necessary actions required by the Construction Official to eliminate site soil runoff.
D. Maximum efforts are to be taken during construction to preserve existing plantings when deemed appropriate by the approving authority. No material or temporary soil deposits are to be placed within three (3) feet of shrubs or fifteen (15) feet of tree trunks designated to be retained by the approving authority. Protective barriers are to be installed around plants at the above distances that are to remain on site during the construction. Plantings that are designated to be retained but die within one (1) year of completed construction activity are to be removed by the contractor and replaced, either on site or in public areas, with plantings equal in caliper and type to what was removed, or if that is unreasonable, with twice the number of plants, but at the minimum size provided in this chapter at locations approved by the approving authority.
E. The contractor is to advise the Construction Official in writing of the intended soil conservation measures on site during construction. No building permit for activities related to new construction is to be issued by the Construction Official without this submission being made and accepted.
F. Nothing in this section shall be construed to supersede or remove the need to obtain Somerset-Union Soil Conservation Service approval where required. Nothing in the above shall be construed to affect or apply to any person engaged in a State mandated cleanup plan provided that all operations are performed in accordance with the approved plan and provided that notice of the cleanup plan is filed with the Construction Official at least forty-eight (48) hours prior to the commencement of any activity, and such activity is subject to inspection by the Zoning Officer.