As used in this article, the following terms shall have the
meanings indicated:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two (2) or more dwelling houses, business or industrial
buildings in any subdivision for the purpose of sale to or occupancy
by another person or persons.
Any person who moves soil.
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
of the Borough Tax Assessor
Any soil permit other than ministerial for the moving of
soil within any period of twelve (12) consecutive months.
A permit for the moving of soil, as required by § 97-105, between ten (10) and two hundred (200) cubic yards of soil within any period of twelve (12) consecutive months. If two (2) or more applications in any twelve-consecutive-month period require the movement of soil in excess of two hundred (200) cubic yards in the aggregate, said application shall be classified as a major soil-moving application and shall be required to comply with § 97-106 of this chapter.
[Amended 11-14-00 by Ord. No. 19-00]
To dig; excavate, remove; deposit; place; fill; grade; regrade;
level or otherwise alter or change the location of contour; or transport;
or supply. This term shall not be construed to include plowing, spading,
cultivating, harrowing or discing of soil or any other operation usually
and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes, landscaping and gardening by homeowners
or agents of homeowners, provided that it does not substantially alter
existing drainage patterns.
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.
Any earth, sand, clay, loam, gravel, humus, rock 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.
The Borough Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. Suitable materials
shall include but not be limited to materials such as earth, clay,
gravel, stone, dirt, etc.
Soil that, in its natural state, constitutes the top layer
of earth, and is composed of two percent (2%) or more, by weight,
of organic matter and has the ability to support vegetation.
The Borough Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. The unsuitable
materials are materials such as peat moss, organic material, vegetation,
leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden
logs, etc.
No developer and no excavator shall move or cause, allow, permit
or suffer to be moved more than ten (10) cubic yards of soil in or
upon any lot in the Borough in a twelve (12) consecutive month period
unless and until a soil-moving permit therefor shall first have been
issued in accordance with the provisions of this article. Permits
shall not be required for plowing, spading, cultivating, harrowing
or discing of soil or any other operation usually and ordinarily associated
with the tilling of soil for agricultural or horticultural purposes,
landscaping and gardening by homeowners or agents of homeowners, provided
that it does not substantially alter existing drainage patterns.
All applications for soil-moving permits shall be made through
the office of the Zoning Officer.
The procedure for applying for and issuance of a ministerial
soil-moving permit shall be as follows:
A.
Applications for ministerial soil permits shall be filed with the Borough Engineer and shall be accompanied by the fee prescribed in § 97-107.
(1)
Applications shall be made in triplicate on forms prescribed
by the Borough and supplied by the Borough Engineer. In addition to
any other requirements which the Borough, acting through the Borough
Engineer, may require on data pertinent to the application, the application
shall show the following:
1.1 The identity and location of the applicant.
1.2 The lot and block number of the lot or lots involved.
1.3 The identity and location of the owner of the lands.
1.4 The purpose or reason for the moving of the soil.
1.5 The estimated quantity in cubic yards of soil to be moved.
1.6 A statement as to how the moving of the soil will affect
all trees with a diameter of six (6) inches or more.
1.7 The proposed date of completion of the work.
1.8 A certification as to the source of the fill material. At
the discretion of the Borough Engineer the applicant can be required
to have said fill tested to assure that it does not contain hazardous
waste substance as regulated by the State of New Jersey.
(2)
The Borough Engineer shall require the applicant to submit an
existing topographical map and a proposed grading and drainage plan
and notification by certified mail to the abutting property owners
about the soil-moving operation if the Borough Engineer deems it necessary
due to the existence of substantial drainage or erosion of soil problems
and to protect the health, safety and welfare of the people and property.
B.
The Borough Engineer, upon receipt of the application, shall make
a field investigation and shall issue the permit or deny it, giving
his/her reasons for denial. The Borough Engineer will forward a copy
of the permit to the Building Department and one (1) to the applicant
and shall retain one (1) copy on file. The Borough Engineer shall
classify any ministerial soil application as a major soil application
if he/she finds the application will present unusual drainage or erosion
of soil problems or adversely affect the development of the abutting
lot or lots.
The procedure for applying for the issuance of a major soil-moving
permit shall be as follows:
A.
On forms prescribed and supplied by the Planning Board, the applicant
shall set forth, in duplicate, to the Planning Board, with a carbon
copy to the Borough Engineer and Building Department:
1)
The identity and location of the applicant.
2)
The description of the lands in question, including lot and block
number of the lot or lots involved.
3)
The name and address of the owner of the lands.
4)
The purpose or reason for moving the soil and whether it will be
done in connection with a proposed subdivision; if so, the date of
filing the application for subdivision.
5)
A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal.
6)
The kind and quantity in cubic yards of the soil to be removed.
7)
In case of removal or replacement of soil, the place to which the
soil is to be removed, and the place and quantity of soil to be removed
in fill and excavation and the transportation route to be used in
the Borough.
8)
The proposed date of the completion of the work.
9)
A certificate that he/she has placed or caused to be placed stakes
at each corner of the lot or lots from which soil is to be removed
and further, that he/she 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 article, clearly marked to indicate
the soil cuts or fill.
10)
A statement as to how the moving of the soil will affect all
trees with a diameter of six (6) inches or more.
11)
A certification as to the source of the fill material. At the
discretion of the Borough Engineer the applicant can be required to
have said fill tested to assure that it does not contain hazardous
waste substance as regulated by the State of New Jersey.
B.
Signatures. 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 Borough, 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 article.
C.
Topographical map. Accompanying the application shall be eight (8)
prints of a topographical map of the lot upon which the proposed soil-moving
operations are to be conducted and of all surrounding lands within
one hundred (100) feet of the perimeter of said lot, but not beyond
the far side of an abutting street right-of-way, 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 (1) inch to one hundred
(100) feet, and referred to United States Coast and Geodetic Survey
data, showing, both as to the lot and as to all of said surrounding
lands:
1)
The dimensions of the lot, including distance and bearings and the
lot and block number of the lot and of each lot in the surrounding
lands as shown on a tax assessment map of the Borough.
2)
The existing elevations of all lands on a one-hundred-foot grid layout.
3)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
4)
All existing surface and subsurface water drainage conditions and
provisions therefor.
5)
All wooded areas and all trees having a diameter of six (6) inches
or more at the base.
6)
The limits of the area or areas within the lot or lots in question
within which the soil-moving operations are to be conducted, and the
existing elevations of said limits at intervals of not more than one
hundred (100) feet.
7)
The proposed final elevations at each point where existing elevations
shown on said map are to be changed as a result of completion of the
proposed work.
8)
Proposed slopes and lateral supports at the limits of the area upon
completion of the soil-moving operations.
9)
Proposed provisions and facilities for surface water drainage and,
where applicable, channels of any streams, bodies of water and watercourses,
natural or artificial, including detailed cross sections showing proposed
channel widths, bank slopes, grade and method of erosion control.
10)
Accurate cross sections showing the locations and quantities
in cubic yards of soil to be moved.
11)
All proposed elevations in enclosed rectangular boxes; and all
existing elevations to be indicated without any kind of enclosure.
12)
Such other pertinent data as the Planning Board may, by resolution
require.
13)
All easements and restrictions of record which may affect the
subject lot or lots.
14)
If said moving application is in conjunction with a site plan
or subdivision plan, the developer shall submit a complete site plan
or preliminary subdivision plan according to this ordinance.
D.
Inspection of site.
(1)
The Borough Engineer shall make an inspection of the site from
which soil is to be moved and shall make such engineering studies
as may be required to determine the effect of the removal of soil
from the location as it relates to:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
(2)
The Borough Engineer shall also inspect the aforesaid site to
determine whether stakes have been placed on each corner thereof and
whether grade stakes have been placed at the existing points designated
on the topographical map pursuant to the provisions of 97-106C hereof.
E.
Hearing. The Planning Board shall, within sixty (60) days after receipt
of the application, fix a date for a hearing for the purpose of considering
the application and shall give to the applicant, either personally
or by certified mail, notice of the time and place of said hearing.
The applicant shall, at least five (5) days prior to the date appointed
for said hearing, serve written notice, either in person or by registered
mail, upon such persons as are shown on the municipal tax records
to be the owners of such lots within two hundred (200) feet of the
property in question. The applicant shall at the hearing present to
the Planning Board satisfactory proof in affidavit form of the service
of said notices.
F.
Factors to be considered in determining application. In considering
the application, the Planning Board shall be guided by the general
purpose of municipal planning and shall take into consideration the
following factors:
1)
Soil erosion by water and wind.
2)
Surface and subsurface water drainage.
3)
Soil fertility and soil-bearing capacity.
4)
Lateral support of abutting streets and lands.
5)
Public health and safety.
6)
Land value and uses.
7)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious development of the Borough.
8)
Proposed complete site or preliminary subdivision plan.
G.
Decision. The Planning Board shall review and consider the application
which must be complete, including all of the requirements of the provisions
of this article and the material factors brought up at the public
hearing and the reports of other reviewing authorities of the Borough,
and shall either grant or deny the issuance of said soil permit. If
the Planning Board denies the permit, the reason for the denial shall
be stated. The Planning Board also can issue a permit with stipulations
and conditions. The Planning Board shall act within sixty (60) days
of the filing of a complete application. The Planning Board shall
act only upon the filing and receipt of a complete application to
either deny or grant the permit within said sixty (60) days and the
failure by the Planning Board to act upon the application within said
period shall be considered an automatic approval of the issuance of
said permit unless the Planning Board extends the time limit for a
period not to exceed an additional sixty (60) days.
H.
Appeal. In the event of refusal, the applicant may, not later than
thirty (30) days after the date of such refusal, appeal to the Borough
Council. The Borough Council may by a majority vote of the members
present sustain or by a two-thirds (2/3) vote of its entire membership
overrule the Planning Board recommendations.
I.
When an application is considered by the Zoning Board of Adjustment,
then all powers granted to the Planning Board with regard to the receipt,
review and determination of applications for major soil removal permits
under this article are hereby granted and conferred upon the Board
of Adjustment in full.
[Amended 11-14-00 by Ord. No. 19-00]
(See Ch. 48:80-7.)
A.
In the event that the Planning board recommends approval of the soil
removal permit application, the Secretary of the Planning Board shall
forthwith give notice to the applicant of the action of the Planning
Board, and further, the amount of the performance bond required as
hereinafter set forth in this section. In the event that the applicant
fails to post the required performance bond within sixty (60) days
of this notice, then the recommendation of the Planning Board shall
be automatically rescinded.
B.
No soil permit shall be issued unless the applicant therefore shall
have posted with the borough a performance bond in form and with surety
acceptable to the Borough in such amount as the Planning Board 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 article and of the soil-moving
permit issued pursuant hereto.
C.
The amount of said bond shall be determined at the rate of not less
than ten cents ($0.10) per cubic yard and not in excess of fifty cents
($0.50) per cubic yard of the amount of soil to be moved; provided,
however, that in no event shall said bond be less that the principal
amount of two thousand dollars ($2,000). The Planning Board may request
additional bonds 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 haul route, etc. In
ascertaining the rate upon which to compute the amount of the bond,
the Planning Board 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, the extent
of the area over which the soil-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 removal permit shall proceed before
the Planning Board with any application for any amendment or alteration
of the terms and conditions of any outstanding soil removal permit,
there shall be submitted to the Planning Board 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 bonds posted in accordance with
the terms of this article or the resolutions of the Planning Board
shall be accompanied by an affidavit stating that the soil-moving
operation has been completed in accordance with the application and
all plans, maps, and other date filed therewith and in accordance
with all resolutions and conditions therein adopted by the Planning
Board. Said affidavit shall be executed by a licensed professional
or civil engineer or land surveyor of the State of New Jersey.
A.
The soil removal permit shall be in such form as may be prescribed
by the Planning Board. It shall be signed by the Secretary and the
Chairman of the Planning Board, and it shall contain any special conditions
set forth in the recommendation.
B.
The soil removal permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one (1) year.
C.
All permits shall automatically expire on the termination date unless
application for renewal has been made and approved, in writing, extending
such permit.
No person to whom a soil removal permit has been issued shall:
A.
Conduct or maintain on the premises any sand, gravel or similar kind
or 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, or any endeavor or enterprise other that 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-moving operations without having first
made adequate provisions by means of road oil or otherwise for the
laying of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the soil permit.
C.
Neglect to dispose of on or before the completion date stated in
the application any partially or wholly excavated boulders or other
incombustible debris resulting from the soil-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-moving
operations must be removed from the site.
D.
Conduct any soil-moving operations beyond the expiration date as
set forth in the soil removal permit or extended expiration date as
may duly be granted by the Planning Board.
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 (6) 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 the 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 the six (6) inches below the proposed
final grades as shown on the topographical map unless:
A.
The soil removal permit specifies otherwise and the performance bond,
hereinbefore referred to, makes specific provisions for replacement
on or before the completion date set forth in the soil removal permit
of soil of sufficient quantity and kind to restore the final grades
to those shown on the topographical map; and
B.
After issuance of the soil removal permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply
to the Planning Board 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 may deem necessary to assure
adherence to the purpose and objectives of this article.
No developer or excavator shall deposit soil upon, fill in or
raise the grade of any lot without first making provision 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 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 (6) inches measured from the proposed final grades
as shown on the topographical map.
For the purpose of administering and enforcing this article,
any member of the Planning Board or duly authorized agent of the Building
Department of the Borough or the Borough Engineer shall have the right
to enter into and upon any lands in or upon which soil-moving operations
are being conducted, to examine and inspect such lands.
See § 1:14.1 of the Code of the Borough of Waldwick.
