[Ord. No. 751 § 33-1.1]
No person, firm or corporation shall do, cause or allow any
of the following actions to occur, unless and until a soil permit
therefor shall first have been issued by the Borough Engineer.
a. The addition of more than 100 cubic yards of soil to any lot.
b. The removal of more than 100 cubic yards of soil from any lot.
c. The moving of more than 100 cubic yards of soil or other material
on a lot where the activity results in a change in any of the contours
of the lot greater than one foot or results in a change in the drainage
characteristics of the lot to the extent that there is increased or
decreased runoff to any abutting properties or private or public roads.
[Ord. No. 751 § 33-1.2]
The provisions of this section shall not apply to the following:
a. Excavation for the construction or repair of individual subsurface
sewage disposal systems (septic systems) when such construction or
repair is performed pursuant to a permit duly issued by the Borough
of Peapack and Gladstone Public Health Officer.
b. Nonresidential site plans approved by the Land Use Board.
c. Construction of single-family houses or structures accessory thereto,
which have received construction permits from the Construction Official.
d. Lake or stream dredging, where approval is required by the Soil Conservation
District, Bureau of Fish, Game and Wildlife, New Jersey Department
of Environmental Protection or any other governmental agency.
e. Landscaping activities, to include but not limited to the addition
of any amount of soil, provided that the activity results in no change
in any of the contours of the lot greater than one foot and also does
not change the lot's drainage characteristics to the extent that there
is increased or decreased runoff to any abutting properties or private
or public roads.
f. Farming activities, including plowing, spading, cultivation, harrowing
or dishing of soil, or any other operation usually and ordinarily
associated with the preparation of soil for agricultural or horticultural
purposes.
g. Improvements made within a major subdivision, which have been approved
by the Land Use Board. This exception specifically does not include
the development of individual lots within a subdivision or any subdivision
improvements which have not been reviewed and approved by the Land
Use Board.
h. If approval is required by the Soil Conservation Service of the State
of New Jersey, the Department of Environmental Protection or any other
governmental agency, such approval shall be required as a condition
of approval of the soil permit application and no soil permit shall
be issued until such approval is obtained.
[Ord. No. 751 § 33-1.3]
An application for a soil movement permit shall be filed with
the Administrative Secretary of the Land Use Board. The application
shall be made in writing and shall set forth the following:
a. The identity and location of the applicant.
b. The description and location of the lands in question including property
survey map, tax lot and block numbers.
c. The identity and location of the owner of lands.
d. The purpose and reason for moving the soil.
e. In case of removal, the place to which the soil will be removed,
and the type and quantity of soil to be removed.
f. The proposed dates of commencement and completion of the work.
g. An engineer's estimate of the cost of work to be performed.
h. Soil erosion control measures.
i. Such other pertinent data as the Borough Engineer may require.
j. Payment of fees in accordance with Article
VI.
[Ord. No. 751 § 33-1.4]
The application for soil permit shall be accompanied by a topographical
map, in duplicate, of the lands in question. The map shall be prepared
and certified by a licensed professional engineer, architect, landscape
architect or licensed land surveyor as New Jersey law may allow. The
map shall be prepared at a scale of no greater than fifty (50) feet
to the inch and shall show:
a. The present grades (existing contour lines).
b. The proposed grades as will exist when the work has been completed
(future contour lines).
c. The quantity of cubic yards of soil involved in the work (estimated).
d. The soil erosion measures to be employed.
e. Such other pertinent data as may be required by the Borough Engineer.
[Ord. No. 751 § 33-1.6]
In considering and reviewing the application and in issuing
or denying a permit, the Borough Engineer or the Land Use Board shall
be guided by the general purpose of municipal planning and shall consider
at a minimum the following factors:
b. Soil erosion by water and wind.
c. Lateral support of abutting streets or public improvements.
d. Public health and safety.
e. Such other factors as may bear upon or relate to the coordinate and
harmonious physical development of the Borough.
[Ord. No. 751 § 33-1.8]
The permit holder shall not take away the top layer of arable
soil for a depth of six (6) inches, and such soil shall be set aside
for retention on the premises when the rest of the soil has been removed,
pursuant to levels and contour lines approved by the Borough Engineer
or the Land Use Board.
[Ord. No. 751 § 33-1.9]
The Construction Official, Borough Engineer or their designees
shall have at all times the right to inspect any property where a
permit has been issued under the provisions of this chapter. In order
to facilitate this right of inspection, the permit holder shall cause
sufficient grade and boundary stakes to be put in place while work
is going on or about to commence.
[Ord. No. 751 § 33-2]
Nothing contained herein shall diminish any requirements of
the applicant to obtain Somerset-Union Soil Conservation District
approval when required. The requirements of this section are in addition
to the soil district approval requirements.
[Ord. No. 751 § 33-3]
No soil movement shall take place which would result in dangerous,
unsightly, unsafe or unhealthful condition. Appropriate safety precautions
shall be taken during all soil movement activities.
[Ord. No. 751 § 33-4]
All soil permits issued pursuant to this article shall be valid
for one (1) year from the date of issue. Upon the permit's expiration,
all work being conducted pursuant thereto will immediately cease.
In the event a permit holder has not completed the work pursuant to
the permit issued, the permit holder will be required to reapply for
a new permit within thirty (30) days of the permit's expiration in
accordance with the provisions of this article. The reissued permit
may be for less than one (1) year. The permit holder is required to
complete all work pursuant to the terms. Failure to complete all of
the work, if any work under the permit is commenced, shall be a violation
of the permit.