Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 520, 540, 636, 662, 740, 1976 Code, 908, 972, 988, 1063, 1081, 1101, 1113, 1234 and 1257.
[Ord. #1271, § 28-1; Ord. #1581, § 1]
The terms used in this Chapter shall be deemed and construed to have the following meanings:
ADMINISTRATIVE REVIEW SOIL MOVEMENT APPLICATION
Shall mean a short form application submitted to the Planning Department's Administrative Officer for his/her review, who may consult with the Township Engineer but who has sole discretion to issue the soil movement permits.
APPLICANT
Shall mean a property owner submitting an application for a soil movement permit.
CLEAN
Shall mean broom clean; all soil removed.
DAY
Shall mean a calendar day.
DEVELOPMENT
Shall mean improvement of a lot by the construction or erection of one or more buildings for residential, commercial or industrial purposes and improvement of lands through or for conservation or flood control.
ENVIRONMENTAL CONSULTANT
Shall mean an individual or firm retained by the Township's Environmental Commission, or in the event of the failure of said Commission to so appoint, then an individual or firm appointed or retained by the Township Council, Planning Board or Board of Adjustment. The individual or firm shall possess a degree from an accredited institution of higher learning in environmental studies.
EROSION AND SEDIMENT CONTROL MEASURES
Shall mean the standards for soil erosion and sediment control established by the State Soil Conservation Committee.
EXCAVATOR
Shall mean any person who shall move or remove soil as the terms are hereinafter defined.
LOT
Shall mean any parcel of land or portion thereof the boundary lines of which may be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Mahwah or in the office of the Clerk of Bergen County.
MOVE
Shall mean to dig; to excavate; to remove; to import; to export; to deposit; to place; to dump; to fill; to backfill; to deliver; to grade, regrade or level; to rough grade or fine grade; to level, relocate or otherwise alter or change the location or contour; to transport; to supply; to extract or to shift the location of tree stumps. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
NUISANCE
Shall mean any conduct which is either unlawful in itself or unreasonable under all circumstances or the creation or maintenance of a condition which endangers the safety or health of the general public.
OWNER
Shall mean any person seized in fee simple of any lot.
PERSON
Shall mean any individual, firm, association, partnership or corporation, or any group of two or more of them.
PROFESSIONAL REVIEW SOIL MOVEMENT APPLICATION
Shall mean a full application for which the Township Engineer is required to review the application for approval and render a decision as to the issuance of a permit.
PUBLIC HEARING SOIL MOVEMENT APPLICATION
Shall mean a full application which requires a public hearing in front of either the Planning or Zoning Board for which all required notices be sent, due to the complexity or amount of soil being moved.
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, tree stumps, minerals, mud, silt, ore, muck, stone, rock or dirt, without regard to the presence or absence therein of organic matter, and any debris whether organic or construction debris including but not limited to asphalt, concrete and macadam.
SOIL MOVEMENT OPERATION
Shall mean delivery or removal of equipment or materials associated with soil movement; soil movement; installation or removal of erosion control measures; starting or warm-up of equipment; arrival, departure or waiting of transport vehicles for equipment or soil; street cleaning; restoration; revegetation.
STOCKPILE
Shall mean a reserve supply of soil accumulated on site in anticipation of future use on or off site.
TOPSOIL
Shall mean soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation.
[Ord. #1271, § 28-1.1]
a. 
The Township Council recognizes that the State Soil Conservation Committee (pursuant to the Soil Erosion and Sediment Control Act, P.L. 1975 c. 251, N.J.S.A. 4:24-39, et seq. and the regulations enacted pursuant thereto, N.J.A.C. 2:90-1.1) has established standards and rules controlling the disturbance of soil on defined projects to control soil erosion and sediment deposition.
The State Standards for Soil Erosion and Sediment Control shall apply and take priority for all projects as defined by N.J.S.A. 4:24-41(g) except that the Township of Mahwah shall implement the same standards for projects which disturb less than 5,000 square feet of surface area and for exempt single-family dwelling units, where they are regulated by this Chapter.
b. 
The Township Council finds that the control of the amount, volumes and location of soil importation, exportation, mining and movement is necessary for public health and safety and that the following general purposes of Municipal planning and land use and regulations, shall be taken into consideration when reviewing all proposed soil movement in the Township.
1. 
The general welfare of the Township of Mahwah and its citizens.
2. 
Surface water drainage.
3. 
Soil fertility.
4. 
Lateral support of abutting streets and land.
5. 
The unsightliness of the premises after excavation and during construction.
6. 
The effect of flooding upon the premises in question.
7. 
The prevention of any nuisance caused by soil movement operations.
8. 
Traffic on and off site.
9. 
The effect that the proposed movement of soil would have on individual sanitary sewerage disposal systems.
10. 
The effect on surrounding land values and uses.
11. 
Whether the proposed work is necessary in connection with the immediate development of the property.
12. 
Such other factors as may bear upon or relate to the development of the coordinated, adjusted and harmonious physical development of the Township.
13. 
The preservation of existing wetlands and watercourses, and non-interference with wetlands, stream beds, stream or watercourse, banks or their stabilization.
14. 
The creation of sharp declivities, pits or depressions.
15. 
The prevention of soil mining.
[Ord. #1271, § 28-2.1]
No person shall excavate, remove or move, or cause, allow, permit or suffer to be removed or moved, any soil from, onto, in or upon any lot or right-of-way in the Township of Mahwah unless and until a soil movement permit therefor shall first have been issued pursuant to this Chapter and shall be in effect, unless the activity is excepted under this Chapter. No person shall make, create or cause to be created, a reserve supply of soil or accumulate soil on site or in rights-of-way in anticipation of future use or disposal without the express written permission of the Township of Mahwah as provided herein.
[Ord. #1271, § 28-2.2]
Unless the soil movement activity is excepted under this Chapter, no owner of any lot in the Township of Mahwah shall cause, allow, permit or suffer any soil from, in or upon such lot to be removed or moved or any soil to be imported to or deposited upon such lot until a soil movement permit therefor shall have been obtained and is in effect (i.e. not suspended, revoked or expired). It shall be the responsibility of the owner to monitor the status of any soil movement permit issued, and to verify that a permit is in effect before he permits soil movement on his property. It is the further responsibility of the owner to notify all contractors and/or subcontractors, and all vehicle operators involved in any way with the soil movement on the property of the conditions of the approved soil movement permit and the requirements of this Chapter and the approved routes of travel for transport vehicles and equipment.
[Ord. #1271, § 28-2.3]
Unless the soil movement activity is excepted under this Chapter, no soil shall be imported to or deposited upon, excavated, moved on or removed from, in or upon any lot in the Township of Mahwah except in connection with the immediate development of such lot in accordance with all applicable ordinances of the Township of Mahwah and all applicable statutes of the State of New Jersey, and then only after a soil movement permit has been obtained. It is hereby required that the applicant set forth in or append to the soil movement permit application a time schedule showing the date of commencement and completion of both the soil movement operation and the developmental use or program to which the applicant proposes to put the property. In the event of any conflict with the terms of this Chapter and the State Standards for Soil Erosion and Sediment Control, the State Standards shall control and the Bergen County Soil Conservation District shall have jurisdiction.
[Ord. § 1271, § 28-2.4; Ord. #1581, §§ 3 — 7]
The procedures to be followed in the application for, review of the application form for, issuance of and monitoring of a soil movement permit, shall be listed hereafter:
a. 
Application Form. On forms prescribed and supplied by the Township Council, and on supplements thereto, the applicant(s) and the owner(s) of the property shall apply for the permit and shall set forth, under oath, in triplicate, the following:
1. 
The name(s) and address(es) and telephone number(s) of the owner(s) of the lot(s) which is (are) the subject of the application.
2. 
The description of the lot(s) in question, including lot number(s), block number(s) and street address(es).
3. 
A description of the ultimate purpose for importing, depositing, excavating, moving or removing the soil.
4. 
The kind and quantity, in cubic yards, of soil to be imported, deposited, excavated, moved or removed, including specific cut, fill, import, export and stockpile volumes, the proposed height(s) of the stockpile(s) and the total volume of soil to be moved.
(a) 
In the case of removal, the location (i.e., street address, municipality and state) to which the soil is to be removed and the kind and quality of soil to be removed shall be set forth.
(b) 
In the case of importation of soil to a site, the street address, municipality and state of the property from which the soil is to be obtained, the owner of the premises from which the soil is to be obtained, the name and telephone number of the owner or representative of the owner of the premises from which the soil is to be obtained, and the kind and quality of the soil to be imported shall be set forth.
(c) 
Earthwork cross-sections and end area method volume calculations, in a form acceptable to the Township Engineer, shall be submitted with the application to verify the quantities of soil to be moved. A minimum of five cross-sections shall be submitted with each application, including applications for soil movement associated with single-family home construction.
5. 
The proposed date of commencement of the work and the proposed date of completion of the work, specifying month, day and year.
6. 
The name, street address, municipality, state and telephone number of the person(s) having express charge, supervision and control of the proposed soil movement operations. The applicant shall provide a twenty-four-hour telephone number of the operator or supervisor of soil movement operations.
7. 
The name, street address, municipality, state and telephone number of the person(s) having charge or control of the operation of transporting imported or exported soil.
8. 
In the case of application for a soil movement permit for a single-family homesite, whether the dwelling is to be owner-occupied (property owner) or to be built for sale to others.
9. 
The name, street address, municipality and state of all persons having any interest in any proceeds which may be derived from the sale or disposal of the exported material.
10. 
A description of the equipment to be used in depositing, spreading, grading, moving, excavating and/or removing of the soil.
11. 
A description of the equipment to be used in depositing, spreading, grading, moving, excavating and/or removing of the soil.
12. 
A listing of the route to be used by the vehicles in delivering and removing equipment and material to/from site, in importing and/or exporting soil, and in accessing or leaving the site before export and after import operations, respectively, including all streets, roads, highways, etc. within the Township of Mahwah to be used in conjunction with soil movement operations and the direction of travel on each street.
13. 
In the event that the importation, movement and/or removal of soil is in connection with the development of a subdivision or site plan, all of the information required under the terms of the applicable Subdivision and/or Site Plan Ordinance of the Township of Mahwah, together with evidence of Planning Board or Zoning Board approval and the docket number thereof.
14. 
A map showing the division of the tract in question into soil movement sectors, where applicable. The application must contain a written statement indicating in what order each of the sectors is to be worked. Both the Township Engineer and the Environmental Commission shall review this sector plan, together with the remainder of the application, and shall only recommend the approval of the application if said sector plan seems appropriate after taking into consideration the criteria set forth in subsection 28-1.1. Where sectors are not involved, the application must contain a written statement indicating the schedule to be followed in moving soil for the project.
15. 
A copy of the Soil Erosion and Sediment Control Plan certified by the Bergen County Soil Conservation District and as required by N.J.S.A. 4:24-39 et seq.
16. 
When the applicant is a firm or corporation, a corporate officer must sign the application and the name and corporate title of the individual signing the application must be printed or typed below the signature line.
17. 
A listing of waivers requested in conjunction with the application, including the Code requirement, the proposed deviation therefrom and the reason for the deviation.
18. 
Such other data as may be required by the Township.
b. 
Plan Requirements and Proposed Grading. Accompanying the application shall be a topographical map, drawn to a scale of not less than one inch equals 50 feet, on sheets no larger than 42 inches by 36 inches, and referenced to the USGS datum, prepared, certified and sealed by a New Jersey licensed professional engineer and land surveyor, in triplicate, showing the following information. All erosion control items shall be designed in accordance with the State Standards for Soil Erosion and Sediment Control.
1. 
The present grades of the lot(s) to, from or upon which it is intended to import, deposit, excavate, move or remove soil. When aerial topography is utilized, the plans shall so note, and the applicant shall be required to verify the accuracy of said aerial topography to the satisfaction of the Township Engineer with conventional field survey information.
2. 
The present grades of all land within 200 feet of the boundaries of the subject lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single-family home is to be built.
3. 
The present grades of all abutting streets, and rights-of-way, for the full width of the rights-of-way and the full frontage(s) of the subject parcel(s).
4. 
The proposed final grades shown by contour lines over the entire parcel when the work has been completed, at vertical intervals no greater than two feet.
5. 
The quantity, in cubic yards, of soil involved in the work of cutting, filling, importing, exporting, and/or stockpiling, together with the location(s) and base area(s) of any proposed stockpile(s).
6. 
Proposed slopes and lateral supports, which shall be not more than one foot vertical to four feet horizontal, to adjacent properties and on the lot upon which the work is to be done.
7. 
Present and proposed surface water drainage and the means of control of same. The applicant's engineer shall also demonstrate and provide certification that there shall be no increase in the rate of stormwater runoff as a result of the application.
8. 
Spot grades showing the proposed elevations at all building corners, at the edges of all paved areas, at all bend points in retaining walls, and at other locations deemed necessary by the Township Engineer.
9. 
The location and limits of all on-site wetlands and wetland transition areas.
10. 
The boundaries of the lot(s) in question and of all lots with area within 200 feet of the perimeter(s) of the subject lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single family home is to be constructed.
11. 
Soil erosion and sediment control plan details consistent with the State Standards.
12. 
To the extent that the foregoing requirements are reflected in the soil erosion and sediment control plan certified by the Bergen County Soil Conservation District, the submission of a copy of that certified plan shall satisfy the requirements of this section. Any requirements of this section which are not reflected in the certified plan shall be submitted in addition to that certified plan.
c. 
Liability Insurance.
1. 
Accompanying the application shall be proof of liability insurance held by or for the benefit of the owner as an additional named insured in minimum amount of $1,000,000, combined single limit.
2. 
The insurance must be maintained for the full term of the permit.
3. 
In the event that the insurance does not cover the full term of the operations as noted on the application, acceptable proof of replacement insurance must be submitted to the Planning Board Administrative Officer a minimum of 10 calendar days before expiration of the initial coverage.
4. 
Failure to maintain the required liability insurance and/or failure to provide proof of replacement coverage on or prior to the deadline in paragraph c3 above, shall result in the automatic revocation of the soil movement permit.
5. 
In the event that the permit is revoked in accordance with paragraph c4 above, all soil movement operations shall cease until such time as proper documentation is received by the Township, and a written reinstatement of the permit is issued by the appropriate authority.
d. 
Fees.
1. 
The application shall be submitted to the Township Planning Board Administrative Officer with a one time nonrefundable fee in an amount set forth on the attached Schedule "A"[1] which is incorporated herein by reference.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this Chapter.
2. 
In the event of the Township's decision to deny a soil movement permit, all that portion of the fee in excess of the Township's engineering, legal, administrative and other expenses shall be refunded to the applicant.
3. 
Upon completion of the soil movement operation or the expiration of the permit, any unexpended portion of the fees and/or escrow posted shall be used to pay the Township's engineering, legal, administration and other expenses and any unexpended portion of the escrow fee shall be returned to the applicant.
e. 
Soil Movement Reports.
1. 
Once a soil movement permit is issued the permittee shall file a monthly report indicating the number of cubic yards of soil that have been cut, filled, imported, exported, stockpiled, and removed from stockpile, in connection with soil movement operations on the site for purposes of monitoring progress of the work and verifying the fees required herein.
2. 
The report shall be on forms furnished with the application and shall be submitted each month, even if no soil movement operations were conducted the previous month. Volumes shall be in cubic yards. Percentage figures shall not be acceptable.
3. 
In the event that the required report for the prior month's operations is not submitted to the Planning Board Administrative Officer by the 15th day of following month during the permit period, the permit shall be deemed automatically and immediately suspended until such time as the report is submitted and a letter lifting the suspension is issued by the Township Engineer. Should the applicant fail to submit the required monthly report a second time, the automatic, immediate suspension shall remain in effect until the appropriate authority considers the matter and reinstates the permit.
4. 
In the event that the amount(s) of cubic yards, which are cut, filled, imported or exported exceed(s) the amount(s) shown on the application, the applicant shall immediately (i.e., within 48 hours of the date the applicant is notified of the need to file an amendment by a representative of the Township) apply for an amendment to the permit, and deposit the additional required fee.
5. 
All soil movement fees shall forthwith be deposited in a specially designated and separate project escrow account and shall be used to pay the Township's engineering, legal, administrative and any other expenses incurred in processing the application and monitoring of the permit status and applicant's performance. Upon completion of the soil movement operation or the expiration of the permit, any unexpended portion of the fee shall be returned to the applicant. In the event that the fees posted by the applicant are insufficient to meet the reasonable engineering, legal and administrative expenses incurred by the Township in processing the application and monitoring the permit status and the applicant's performance, the applicant shall upon the request of the Township immediately pay such additional engineering, legal and administrative and other expenses incurred by the Township. In the event that the project is not completed or in the event that the applicant does not pay all the fees required by this Chapter, the sums due to the Township shall become an obligation of the owner of the property and shall become a lien upon the property.
6. 
Upon completion of soil movement operations, the permittee shall file a final report indicating the total amount of soil movement in each category shown on the reporting form. An additional fee at the rate established by this Chapter shall be submitted if the total soil movement exceeds the approved volume.
f. 
Review of Application.
1. 
Planning Board Approval. All soil movement permit applications submitted in conjunction with development applications before the Planning Board proposing the movement of more than 1,000 cubic yards of soil, or where waivers are requested or required, all applications for soil movement on single lots within a commercial or residential subdivision approved by the Planning Board with an aggregate soil movement, i.e. all lots combined, of more than 1,000 cubic yards, or where waivers are requested or required and all applications for soil movement on isolated (i.e. not part of a subdivision approved after December 31, 1979) single family lots proposing the movement of more than 1,000 cubic yards of soil or where waivers are requested or required, shall be reviewed by the Planning Board, and said soil movement permit applications shall be subject to the approval of the Planning Board.
2. 
Board of Adjustment Approval. All soil movement permit applications submitted in conjunction with development applications before the Board of Adjustment proposing the movement of more than 1,000 cubic yards of soil, or where waivers are requested or required, and all applications for soil movement on single lots within a commercial or residential subdivision approved by the Board of Adjustment with an aggregate soil movement, i.e. all lots combined, of more than 1,000 cubic yards, or where waivers are requested or required, shall be reviewed by the Board of Adjustment and said soil movement permit applications shall be subject to the approval of the Board of Adjustment.
3. 
Township Engineer Approval. If the Engineer determines upon his review of the documents forwarded to him under this Chapter that the soil movement permit application and the accompanying documents are complete and in compliance with the requirements of this Chapter, that the total proposed movement of soil is less than 1,000 cubic yards, no waivers are being requested or are required and no special or unique situation exists in connection with the application, then the Township Engineer shall review and approve or deny the permit application, within 30 days after receipt of a complete application. However, if waivers are being requested or are required, or if in the opinion of the Township Engineer, special or unique circumstances exist in connection with the application, then in his discretion, he may refer the Board of Adjustment matter to the Board of Adjustment or the Planning Board matter to the Planning Board for disposition of the application.
4. 
A Public Hearing is required for all soil movement permit applications which reflect the movement of more than 1,000 cubic yards of soil.
5. 
For any application which requires an Administrative Review Soil Movement Application only, the Administrative Officer has the discretion to require a Professional Review Soil Movement Application and/or Public Hearing Soil Movement Application and associated fees if it involves soil movement related to one or more of the following:
(a) 
Existing and/or proposed drainage facilities or improvements;
(b) 
Wetlands and/or flood plain concerns;
(c) 
Contains unique engineering issues; or
(d) 
Unique topographic conditions.
g. 
Processing of Application.
1. 
(a) 
Sufficient copies of the application as determined by the Planning Board Administrative Officer together with the accompanying documents and maps, shall be filed with the Planning Board Administrative Officer, of which, one each shall be sent to the Township Engineer, and the Township Environmental Commission, and when a soil movement permit application is part of a subdivision or site plan development application which is before the Planning Board or Board of Adjustment, the appropriate number of copies shall be distributed to the members of said reviewing agency.
(b) 
The Township Environmental Commission shall review the application and the accompanying documents and make its report to the Township Engineer or the Planning Board or Board of Adjustment as appropriate, within 30 days from the date of application. The Environmental Commission shall set forth its opinion, recommendations and comments in writing to the approving agency. Failure of the Township Environmental Commission to render a report within 30 days shall not delay consideration of the application.
(c) 
The Township Engineer shall review the application and the accompanying documents and make his report to the Planning Board or the Board of Adjustment within 45 days of the date of application. This report shall incorporate comments from the Environmental Commission, and shall indicate the status of the application, soil movement volumes, any waivers being requested and all application deficiencies. This provision does not apply to applications processed by the Township Engineer under subsection 28-2.4f, 3.
(d) 
If, in the opinion of the Township Engineer, the application is not complete, the Engineer shall notify the applicant of the deficiencies, in writing, within 45 days from the date of application. For purposes of determining completeness of an application, all information, maps, documents, and fees required by subsection 28-2.4 paragraphs a, b and d are required to be submitted. The Township Engineer shall determine the completeness of an application. Proof of liability insurance coverage may be supplied after review by the Planning Board or the Board of Adjustment but must be submitted before the issuance of a permit. The time periods for review of the application shall be suspended until complete information is submitted to the Township and deemed complete by the Township Engineer.
(e) 
Revisions and/or amendment to the application must be made on the application form and initialed. Revisions and/or amendments made by letter are not acceptable. Amended/supplemented applications shall be filed with the Planning Board Administrative Officer. The Environmental Commission and the Township Engineer shall issue reports on same within 30 days of their receipt.
(f) 
If in the opinion of the Township Engineer, the Planning Board or the Board of Health or the Board of Adjustment, professional review of the application, including physical examination or testing of soil to be imported, is required, the Township Engineer, Planning Board or Board of Adjustment shall forward all pertinent materials to a soil consultant for his review and for a certified soil testing laboratory report, within 30 days from the date the application is deemed complete. The report of the consultant shall be accompanied by an invoice of the service performed and shall be due 30 days from receipt of the subject materials from the Township. The applicant shall pay the invoice through the Planning Board prior to action upon the application. All importation of soil shall require the applicant to submit a certification from the Board of Health, Environmental Commission, Township Engineer or other responsible party for soil in the Municipality where the soil is being imported from that the soil is free from contamination.
2. 
The Township Engineer, the Planning Board or the Board of Adjustment shall, within 30 days after receipt of all reports required by paragraph 1 above provided that the application has been deemed complete, notify the applicant of the time and place the Township Approving Authority shall consider the application; and if a public hearing is required the applicant shall give notice of the time and place that the Township Approving Authority shall consider the application, reports, and recommendations in the following manner:
(a) 
By publishing in an official newspaper of the Township of Mahwah a notice, at least seven days prior to the date set by the Township Approving Authority, of the date set for such consideration.
(b) 
By delivering a copy of said notice by certified mail or by personal service, to all property owners within a 200 feet radius of the boundaries of the subject premises as their names appear on the municipal tax records of the property at least seven days prior to the hearing date.
3. 
The affidavits of publication and service of notice shall be filed with the Township at or prior to the date of the hearing.
4. 
The Planning Board or Board of Adjustment shall, within 30 days after the date of consideration at work session or at public hearing, if required, by resolution, which sets forth in detail the type of development, any waivers granted, the soil movement involved, including quantities of soil and any other recommendations or conditions for approval, grant or deny the application. If the approving authority fails to act, it shall be deemed a denial. However, by a stipulation in writing signed by the applicant, the time for decision by the approving authority may be extended. All approvals shall set forth the name of the application, the waivers requested and approved by the approving authority. It shall be the burden of the applicant to prove to the satisfaction of the Approving Authority the reasons why waivers should be granted. The approving authority, as part of the written resolution of approval, shall set forth in detail its reasons for approval when such an approval is contrary to any recommendation or opinion of any Township Department, Commission or Board which has rendered its written report to the approving agency.
h. 
Approvals.
1. 
If additional Township, County, State, Federal or other governmental approvals for the development of the subject property are required, the soil movement permit shall not be issued until all such final approvals are obtained and proof of same is submitted to the Township.
i. 
Disposition of Soil Movement Permit Application. The Township Engineer shall file a written report on at least a monthly basis with the Township Administrator and Planning Board Administrative Officer listing the disposition of all soil movement permit applications during the review/processing period.
j. 
Issuance of the Soil Movement Permit.
1. 
Soil movement permits shall be issued through the Township Engineer's office.
2. 
The permit shall indicate the permittee's name and telephone number, the lot, block and street number of the property, the volumes of soil approved for movement and the commencement and completion dates.
3. 
The application form and the chapter requirements shall be deemed to be a part of the permit, as if attached.
4. 
The permit shall be issued only after all of the following have been accomplished:
(a) 
The application is deemed complete.
(b) 
Planning Board or Board of Adjustment approval of the associated subdivision or site plan application, where applicable, has been secured.
(c) 
All conditions in any subdivision or site plan approval resolution have been fully satisfied.
(d) 
When appropriate, the developer's agreement has been executed by all parties, and the required performance guarantees and fees have been posted with the Township.
(e) 
All required Township, County, State, Federal or other governmental final approvals for development of the subject premises have been secured and proof of same is submitted to the Township.
(f) 
Planning Board or Board of Adjustment approval of the soil movement permit application has been secured, if applicable.
(g) 
All conditions in any soil movement permit application approval resolution have been fully satisfied.
(h) 
Where required, a public hearing has been held and considered.
(i) 
All information required by subsection 28-2.4a, paragraph 10 and 11 has been submitted, reviewed and approved.
(j) 
The route(s) of travel has (have) been submitted, reviewed and approved by the Township Chief of Police.
(k) 
Acceptable proof of liability insurance coverage has been submitted and approved by the Township Risk Manager.
(l) 
Any required performance and/or revegetation guarantees have been posted with the Township.
[Ord. #1271, § 28-2.5]
a. 
No soil movement permit shall be issued except to the owner(s) or contract purchaser(s) of the premises, and then only if the importation, deposition, excavation, moving or removing of soil to, from, in or upon the premises is necessary for the immediate development and the normal grading/regrading of the premises concerning which the application is made.
b. 
No soil movement permit shall be issued for longer than one year from the date of issuance.
c. 
The permit shall expire on the earlier of the date of completion set forth in the application or one year from the date of issuance.
d. 
Permit extension requests must be submitted in writing to the Planning Board Administrative Officer, a minimum of 30 calendar days prior to the date of expiration of the permit.
1. 
The extension request must include the length of the requested extension, indicate the new completion date, specifying day, month and year, and indicate the volumes of soil remaining to be moved in each of the categories shown on the standard reporting form.
2. 
The extension request must be accompanied by acceptable proof of liability insurance coverage.
3. 
All requests for extensions shall be reviewed and approved or denied in accordance with the procedure set forth herein of the different types of applications.
4. 
If a soil movement permit expires prior to the applicant requesting, in writing to the Planning Board Administrative Officer, a formal extension of the permit, all soil movement shall cease until a new permit is obtained.
5. 
If a formal extension request has been submitted to the Planning Board Administrative Officer prior to the expiration of a permit, soil movement activities may continue past the expiration date until such time as the Planning Board, Board of Adjustment or Township Engineer, as appropriate, considers and reaches a decision on the extension request.
6. 
Any requests made for extension of a soil movement permit must include a fee of $275 for the preparation of a report by the Township Engineer and the preparation of a resolution by the Approving Authority Attorney.
[Ord. #1271, § 28-3.1]
a. 
In the event that soil movement is permitted, the work shall commence within 60 days of the date of issuance of the permit. In the event that the applicant fails to furnish the bonds or any other guaranty required within 60 days from the soil movement permit application approval date by the reviewing authority or in the event that said work is not commenced within the sixty-day time limit, no person shall have the right to import, deposit, move or remove any soil, and said soil movement permit shall be deemed automatically revoked.
b. 
Soil movement permits may not be assigned, however, such permits may be transferred to a successor owner of title if (1) the successor submits written documentation to the Administrative Officer establishing such transfer of title; (2) all requirements or conditions of the permit are continued, and (3) the successor agrees in writing to assume all the obligations of the permittee.
c. 
Requests for extensions of the commencement deadline shall follow the procedures set forth in subsection 28-2.5d.
d. 
Requests for reinstatement of permits deemed automatically revoked in accordance with subsection 28-3.1a above must be submitted in writing to the Planning Board Administrative Officer.
1. 
The reinstatement request must indicate why the reinstatement is required and explain the reason(s) that the approving authority should consider the reinstatement request favorably.
2. 
All requirements for reinstatement shall be reviewed and approved/denied in accordance with the procedure set forth herein for the different types of applications.
[Ord. #1271, § 28-3.2]
In the event that, in the opinion of the Township Engineer, or the approving authority, the project cannot be completed at the rate of progress or within the time specified in the soil movement permit or there is a willful violation of any terms of the soil movement permit or the Soil Management Ordinance, or that soil erosion is not being satisfactorily controlled by seeding, planting or other anti-erosion measures, as determined by the Bergen County Soil Conservation District or that the streets are not being properly cleaned, then the Engineer may certify in writing to the Township Council, and the Township Council may, after notice to the applicant and affording a hearing on the issue, declare a default and notify all persons having an interest in or in charge of the project to discontinue the project. The Township Council may, at its option, upon declaration of default, revoke the soil movement permit and/or call upon the surety to complete the project.
[Ord. #1271, § 28-3.3]
In the event that the Township Chief of Police shall determine that the conduct of the soil movement operation requires the posting of a full-time or part-time traffic safety guard or inspector, the applicant shall pay, in addition to the fees set forth above, an additional amount to cover the Township's expenses of hiring a traffic safety guard or inspector.
[Ord. #1271, § 28-3.4]
a. 
If, where soil moving is permitted, any person, owner, developer or excavator shall move topsoil within any premises, provision shall be made for the storage of said topsoil within the boundary lines of said premises, in a manner approved as part of the soil movement permit application.
b. 
Where soil moving is permitted, no person, owner, developer or excavator shall move to any point beyond the boundary lines of the premises, 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 area of the premises, excepting only such portions thereof as shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway of other paved area or by any body of water or waterway. In no event shall the developer or excavator remove from the premises more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as described above.
[Ord. #1271, § 28-3.5]
Where soil importation, deposition, excavation, moving or removing is permitted, no person, owner, developer or excavator shall deposit soil upon, fill in or raise the grade of any lot without first making provisions for:
a. 
The use in said work of soil 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 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, as determined by the Township Engineer, provision shall be made for the uniform placement/replacement over the entire area or surface of fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by 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. 
The preservation of existing wetlands, wetland transition areas and watercourses.
d. 
Temporary slopes during construction which shall not exceed one foot vertical to one foot horizontal for a period of more than 24 hours, unless a safety fence or railing acceptable to the Township Engineer and having supports spaced no further than 10 feet apart shall be installed along the entire top of the slope.
e. 
The control of stormwater runoff and erosion in accordance with State Standards and the soil erosion and sediment control plan certified by the Bergen County Soil Conservation District.
[Ord. #1271, § 28-3.6; Ord. #1297, § II]
All soil movement operations, including but not limited to excavation, filling, deposition, removal, import, export, grading, transport and tree stump removal shall be performed in accordance and shall meet with the State Standards for Soil Erosion and Sediment Control in New Jersey and with the following municipal standards (if there is a conflict or duplication, then the State Standards shall control) and regulations whether or not a permit is required or has been issued:
a. 
All boulders, rocks with any dimension greater than 12 inches, and other vegetative and construction debris shall be removed from the property unless buried in such locations on the property as shall be approved by the Township Engineer and/or Environmental Consultant and covered with at least four feet of soil. No tree stumps shall be buried or covered on the property.
b. 
No trucks used shall be loaded above the level of the sides of the truck, to prevent spillage. Front end loaders, backhoes and similar equipment shall not be used to transport soil off the premises, on streets or roads. All streets, roads, highways, etc. within the Township of Mahwah, shall be thoroughly cleaned, at the applicant's expense, each day, of any spillage, or soil on such traveled ways resulting from soil movement, project related erosion and/or truck operations.
1. 
Clean shall be defined as broom clean.
2. 
Cleaning operations shall be completed prior to 5:00 p.m. on each day.
3. 
Street cleaning operations shall not consist of washing, brooming or blowing soil into gutters, roadside ditches or swales, inlets or inlet filters and any such washing, brooming or blowing shall be deemed a violation of this Chapter.
c. 
All truck loads shall be fully covered (i.e. no soil visible) with tarpaulin and, if deemed necessary by the Township Engineer or his representative, treated by water to prevent flying dust.
d. 
No trucks, equipment, or machinery shall be delivered, removed, started or operated, nor shall any part of the soil movement operation be conducted, before 8:00 a.m. or after 5:00 p.m. on weekdays or Saturdays nor at any time on Sundays, nor at any time on the following holidays:
New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
1. 
Soil movement operations restrictions shall be in effect on the day on which the holiday is legally celebrated.
2. 
This regulation shall apply to the delivery and/or removal of trucks, material, machinery or equipment to be used in soil movement operations.
e. 
All vehicles engaged in soil movement operations shall use as routes of travel only those streets, roadways, highways, etc. within the Township of Mahwah which have been approved by the Township Chief of Police. Unless specifically approved by the Township Council, by resolution, vehicles engaged in such operations shall not use roadways which pass adjacent to schools (except Ramapo Valley Road) unless that route of travel is on a County road and is approved by the County of Bergen.
f. 
The entire area covered by the work shall be maintained and left in such a manner, on a daily basis, so as not to create or maintain a nuisance or condition hazardous to life and limb or to the health or general welfare of the inhabitants of the Township of Mahwah. All excavations left open overnight shall be fully encircled with protective fencing, properly embedded/braced to the satisfaction of the Township Engineer. Access to all areas with slopes in excess of one vertical to one horizontal shall be blocked with protective fencing, properly embedded/braced to the satisfaction of the Township Engineer.
g. 
All soil movement operations, including mandatory ground cover work proposed in the application and on the accompanying map, as well as restoration of the property to final grade and revegetation must be completed within the time frame stipulated in the permit, or in the extended permit, where applicable.
h. 
No more soil shall be moved than is reasonably necessary for the development and use of the land.
i. 
No soil movement shall be allowed which shall cause damage to adjacent properties or prejudicially affect the values of adjacent properties or prejudicially affect the values of adjacent properties.
j. 
When deemed necessary by the approving authority (i.e. Planning Board, Board of Adjustment or Township Engineer) the operation must be conducted in a phased fashion so that soil movement in one sector/section of the tract is completed and satisfactory permanent vegetative cover is established as determined and formally acknowledged by the Bergen County Soil Conservation District prior to the commencement of soil movement in another section of the tract. Failure to adhere to this principle shall constitute a violation of this Chapter.
k. 
Excavation shall not be below applied for grade levels and fill shall not exceed applied for grade levels by more than one foot, unless approved by the approving authority.
l. 
Final grade level shall be determined by the Township Engineer.
m. 
If, prior to or during the course of soil movement operations the Township Council or the Township Board of Health determines that a physical or chemical examination of imported material is required for protection of public health and safety, the Township Council may retain a soil consultant to examine the fill material at the sole expense of the permit holder. If the results of such examination indicate the presence of material which is harmful, dangerous, toxic or hazardous to the public, all soil movement activity shall cease and the soil in question shall be removed in accordance with the directions of the Township Engineer, at the sole expense of the owner(s).
n. 
All soil erosion and sediment control measures shall be installed at the locations and in accordance with the details shown on the approved plans as required by the State Standards and/or the Bergen County Soil Conservation District, prior to the start of soil movement operations on the project and shall be continuously maintained.
o. 
No soil shall be deposited, piled, or stockpiled on paved portions of municipal, County, State or private streets, roads, highways, etc. within the Township of Mahwah, unless in connection with sanitary sewer, drainage or utility (i.e. gas, water, electric, cable T.V. and/or telephone) installations and/or repairs therein.
1. 
When soil so deposited on paved street surfaces is to remain for more than four hours, a stone filter consisting of 3/4 inch diameter clean stone, one foot wide and six inches high, shall be placed around the entire limits of soil.
2. 
Except in emergency repair situations, no soil shall remain piled or stockpiled on paved portions of streets overnight.
3. 
Stone used to construct ramps from pavement to top of curb must be clean and not contain any dust or fines.
p. 
Track-driven earthmoving equipment shall not be unloaded onto or driven upon any Municipal, County, State or private street on which a bituminous intermediate course or a bituminous surface course has been placed.
1. 
The use of timber mats is required when such equipment is driven over the subject courses.
2. 
If such track-driven equipment traverses bituminous pavement, and leaves track marks thereon, the Township Engineer shall require the applicant to remove and replace the area of pavement so damaged, or in his discretion to deposit funds equal in value to the estimate cost of such replacement with the Township to cover future pavement repairs.
q. 
Once the bituminous intermediate course on roadways, and/or bituminous intermediate or base course on parking areas or drives, is placed, stone inlet filters and/or filter fabric inlet filters shall be installed around/on all inlets, and maintained in place, until the site is stabilized and the Township Engineer approves their removal, in writing.
r. 
Wheel and vehicular wash facilities shall be situated on-site, at locations which prevent the runoff and soil from such operations from entering the street and any drainage facilities serving the right-of-way, the project and/or surrounding properties.
s. 
A flagman or flagmen shall be provided by the applicant if deemed necessary by the Chief of Police or the Township Engineer. Soil movement operations on streets within the Township shall cease unless and until such personnel is/are provided.
t. 
Soil movement equipment and other construction vehicles shall be stored on the site. No soil movement or other construction equipment shall be parked or stored on any road, street, avenue, highway, right-of-way or easement within the Township during the day or night.
u. 
All soil movement permits issued for single family residential construction shall specify an approved floor elevation for the residence. If as-built plans submitted for a residence show floor elevations which vary by more than 1.5 feet from the approved floor elevations then the applicant/owner must receive approval of the deviation from the Planning Board prior to receipt of a certificate of occupancy for the residential dwelling unit. If there is a deviation of less than 1 1/2 feet in the floor elevation as shown by an as-built drawing, then the deviation shall be approved by the Township Engineer prior to issuance of a certificate of occupancy.
[Ord. #1271, § 28-3.7]
In order to prevent erosion and the destruction of the aesthetic characteristics of the neighborhood, any owner or excavator moving soil shall leave as many trees and as much undisturbed natural grade or topography as practicable in all areas except where excavations are made for buildings, driveways and streets. The applicant shall submit an application map to the Township prior to the cutting or removal of any trees in lots in areas greater than 20,000 square feet. The application map made by such owner or excavator shall show the existing trees to be removed and to remain standing over eight inches caliper in the actual area(s) of disturbance. Trees shall be measured for purposes of this subsection at a height of four feet from the existing grade at the base of the tree. Soil shall not be placed within five feet of the base(s) of trees, either on a temporary or on a permanent basis. Where and when directed by the Township Engineer, tree wells equivalent in diameter to the diameter of the canopy of the trees shall be constructed to preserve existing trees. No permanent fill shall be placed within the existing tree canopy. No excavation or filling shall create a flatter contour if such excavation or filling would destroy existing trees shown on the application map. The proposed revegetation and restoration in the disturbed area(s) shall also be shown as part of the application.
[Ord. #1271, § 28-3.8]
a. 
No soil movement permit shall be issued unless and until the applicant or owner of the property shall have posted with the Township of Mahwah a cash guaranty, or a performance guarantee or performance bond, in form and with surety acceptable to the Township of Mahwah, in such amount as the Township shall determine, conditioned upon full and faithful performance by the owner, within the time specified in the permit, of all the proposed work in accordance with the provisions of this Chapter and the terms and conditions of the soil movement permit issued pursuant thereto. Separate guarantees as required by this Chapter shall not be waivable by any approving authority. In addition, the release of the guarantee or bond shall be conditioned upon the repair, at the expense of the owner, of any Township street damaged by the transportation of soil material or equipment used in connection with the operation if, in the judgment of the Township Engineer, such repairs are deemed to be necessary. The term "expense" as used in this section includes the cost of supervision or activities incurred by the Township Engineer, the Township Attorney and/or other Township personnel in connection with such repairs. The cash guaranty, performance guaranty or bond shall not be released until all soil deposited in storm drains or drainage facilities as a result of the soil movement operation is removed to the satisfaction of the Township Engineer.
b. 
Each applicant shall post with the Township a separate amount, in the form of cash or a bond to guarantee the proper revegetation and stabilization of all disturbed land areas in accordance with the requirements of the Soil Erosion and Sediment Control Plan certified by the Bergen County Soil Conservation District.
This revegetation guaranty shall be calculated at the current cost for complete stabilization (including seed, fertilizer, mulch and fixative) for the entire site plus the estimated cost for site and soil preparation, grading, and shaping. This revegetation guaranty may be called by the Township Council prior to expiration of the permit if the applicant has not satisfactorily revegetated and stabilized the subject site as determined by the Bergen County Soil Conservation District; in accordance with the seasonal planting requirements of the Soil Erosion and Sediment Control Plan as certified by the Bergen County Soil Conservation District.
c. 
Upon the completion of all work for which a soil movement permit has been issued, the owner shall submit an as-built plan prepared by a licensed land surveyor of all disturbed areas, and a written request to the Planning Board Administrative Officer for the release of the performance and/or revegetation guarantees.
The Township Engineer shall review the as-built plan and determine if the work has been performed in accordance with the provisions of this Chapter and issue his findings and recommendations to the Planning Board Administrative Officer. Upon receipt of the Township Engineer's certification that the work has been completed in a good and workmanlike manner, the Planning Board Administrative Officer shall consider the release of the performance and/or revegetation guarantees.
d. 
Notwithstanding, the provisions of subsection 28-3.8, no separate performance and/or revegetation guaranty shall be required if performance and/or revegetation is already secured by other posted guarantees.
[Ord. #1271, § 28-3.9]
The soil movement permit shall set forth all of the conditions under which the same was granted and the time within which said soil movement shall be completed. If the permit is authorized by the Planning Board or Board of Adjustment in conjunction with an application for development, the applicant shall execute a Developer's Agreement containing the terms and conditions of the permit. The soil movement permit shall not be issued until the Developer's Agreement is signed by all parties and until the performance and/or revegetation guarantees are posted.
[Ord. #1271, § 28-3.10]
a. 
The Bergen County Soil Conservation District is the enforcement authority for all soil erosion and sediment control activities under its jurisdiction.
b. 
The Township Engineer shall be the enforcement agent for all soil erosion and sediment control measures not under Bergen County Soil Conservation District jurisdiction and for all soil movement measures not within the scope of the State Soil Erosion and Sediment Control Standards.
[Ord. #1271, § 28-3.11; Ord. #1581, § 2]
a. 
The requirements of subsections 28-2.4a, 4(c), 28-2.4b, 28-2.4c, 28-2.4d through 28-2.4j, 28-2.5, 28-3.1, 28-3.8 and 28-3.9 of this Chapter shall not apply to the following "exempt operations":
1. 
Excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Township Department of Health;
2. 
Excavations for the installation of underground gas, water, electric, cable T.V. and telephone lines by licensed utility companies provided all other required permits have been issued;
3. 
To soil borings, test pit excavations or hazardous waste clean up operations, provided all other required permits have been issued.
4. 
Soil movement for lawn, garden or landscaping purposes on lots with existing dwellings or dwellings under construction subject to the requirements of subsection 28-3.11e, below.
b. 
The exceptions for foundations, additions, swimming pools, septic tanks and sanitary disposal systems will be allowed for only one foundation, additions, swimming pool, septic tank or sanitary disposal system per lot, per year.
1. 
Swimming pools requiring less than 200 cubic yards of soil movement shall be required to submit a short form Administrative Review Soil Movement Application. Swimming pools requiring 200 or more cubic yards of soil movement shall require a full Professional Review Soil Movement Application.
2. 
Proposed additions that are equal to or greater than 10% of the lot area or one 1,000 square feet, whichever is less, shall require the submission of a Professional Review Soil Movement Application, any other additions or foundations shall only require an Administrative Review Soil Movement Application.
3. 
Applications which propose to create additional impervious surface, including but not limited to patios, decks, driveways, accessory structures, etc., which are equal to or greater than 10% of the lot area or 1,000 square feet, whichever is less, shall require the submission of a Professional Review Soil Movement Application.
c. 
Abandoned wells, septic systems, cisterns, swimming pools or residential nonleaking fuel oil tanks may be filled in without a permit provided that the owner or his agent files an Administrative Review Soil Movement Application with sufficient information to review the proposal and provided that all Building Department approvals are obtained prior to commencement of the work.
d. 
Unless stated elsewhere in this Chapter, a maximum of 20 cubic yards of soil may be excavated, moved, removed or placed upon a single lot as an exception for which an application or fee will not be required. For soil movement consisting of 21 cubic yards to 100 cubic yards an Administrative Review Soil Movement Application shall be required. These exceptions shall be available only once for each lot during any twelve-month period. All soil movements during a twelve-month period shall be aggregated to determine the amount of fill moved.
e. 
Unless stated elsewhere in this Chapter, a total of 101 cubic yards to 999 cubic yards of soil may be excavated, moved, removed or placed upon a single lot as an excepted lawn, garden or landscape excepted operation provided that the owner of the lot completes and files a Professional Review Soil Movement Application with the Planning Board's Administrative Officer prior to commencement of the work to be performed. Soil movement of 1,000 cubic yards or greater requires a Public Hearing Soil Movement Application and requires approval by the Planning Board/Board of Adjustment with a public hearing. These exceptions shall be available only once for each lot during any twelve-month period. All soil movements during a twelve month period shall be aggregated to determine the amount of fill moved.
f. 
The movement of soil as an excepted operation shall not result in any increase in the amount or rate or a change in the direction of stormwater runoff of the lot and shall not restrict or prevent the current flow of stormwater from adjacent lots across the subject lot.
g. 
Unless otherwise set forth above, in order to qualify for an exception under this subsection 28-3.11, the applicant must file in advance with the Planning Board Administrative Officer an Administrative Review Soil Movement Application.
h. 
For good cause, the reviewing/approving authority may require full compliance by an excepted application with all ordinance regulations for soil movement.
[Ord. #1271, § 28-4.1]
a. 
The Township may revoke any permit granted under this Chapter if the operation causes any nuisance which can be shown to have been caused by the actions or inactions of the applicant or its agents, servants or employees and which is prejudicial to the public health, welfare and/or safety. A nuisance may be declared to exist only after a hearing before the Township Council.
b. 
If, in the opinion of the Township Engineer, the work is being conducted in a manner which immediately affects the public health, safety or welfare, the Township Engineer may immediately suspend the permit. If the unacceptable condition is corrected/eliminated the Township Engineer may reinstate the permit. Soil movement activities may not recommence until a written reinstatement is issued by the Township Engineer. If the permit is not reinstated by the Engineer within 72 hours of the time the unacceptable condition is purported to have been corrected, the permittee shall be entitled to a review of the suspension at the next regular Council meeting by the Township Council. In this case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied.
c. 
When, in the judgment of the Chief of Police or his designee, soil movement operations cause a serious and continued impediment to the passage of public traffic or endanger the public health, safety or welfare, the Chief of Police or his designee is authorized to temporarily halt such operation until the danger to the public's health, safety and welfare is abated. The judgment of the Chief of Police or his designee, exercised in good faith, shall be conclusive. In such cases soil movement activities shall not commence until the Chief of Police reinstates the permit in writing.
d. 
All complaints regarding soil movement from anyone shall be submitted orally or in writing to the Township Administrator, his designee or the Police Department.
[Ord. #1271, § 28-4.3]
Any person aggrieved by the action of the Township Engineer and/or his representative(s), the Chief of Police or his duly authorized designee, the Environmental Commission, an individual member of the Township Council or the Township Council's authorized designee, with reference to suspension or revocation of a permit as provided in this Chapter, shall have the right to appeal to the Township Council within 14 days after notice of the action complained of. Appeals shall be filed in writing with the Township Clerk. Upon receipt of an appeal, the Township Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Township Council on such appeal shall be final and conclusive.
[Ord. #1271, § 28-4.4]
a. 
All permits issued under the provision of this Chapter shall expire on the completion date specified on the permit issued.
b. 
As noted above, if work does not commence within 60 days of the date of issuance of the permit, the permit shall be deemed automatically revoked.
[Ord. #1271, § 28-5]
The Approving Authority, as appropriate, shall at all times have the right, by resolution, to waive any one or more of the provisions contained in this Chapter when it is satisfied that the waiving of such provision shall not adversely affect the Township or substantially impair the intent and purpose of this Chapter, unless this Chapter specifically provides that there shall be no waiver of a particular section or subsection.
[Ord. #1271, § 28-6]
a. 
Any person who shall violate this Chapter shall, upon conviction thereof, pay the highest possible fine not exceeding $1,000 or be imprisoned in the County jail for a term not exceeding 90 days, or both. Each day that a violation exists shall constitute a separate offense.
b. 
In addition to the above penalty, the Municipal Court shall order restitution to be made by the person who has violated this Chapter, the restitution shall consist of restoration of the property to the condition it was in prior to the violation in a manner which is as practical as possible. The restitution shall be the cost and expense of the person or persons who have violated this Chapter and the plan for restitution shall be approved by the Township Engineer prior to the actual restitution of the property being done. The restitution shall consist of, but not be limited to, regrading, the placement of topsoil, seeding and other revegetation, all of which must be approved by the Township Engineer prior to any work being done. No soil movement permit shall be needed for this restitution of the property that is the restoration to its prior condition provided the plan has been approved in writing by the Township Engineer.
c. 
The Township Council and/or Township Planning Board and/or Board of Adjustment in its discretion, may order any person who shall violate this Chapter to restore the property, as nearly as is reasonably possible, to its condition immediately prior to the violation at that person's sole cost and expense. The applicant shall present a plan of restoration and/or revegetation for approval by the Township Council or Planning Board or Board of Adjustment within a time frame established by that Board. Failure to present an acceptable plan of restoration and/or revegetation within the time period established by the Township Council and/or Planning Board and/or Board of Adjustment shall constitute a violation of this Chapter.