[Ord. #13-06, § 1]
This chapter is intended to regulate the removal, importation and movement of soil. The term "soil" as used herein, is intended to mean, but not be limited to, the following: soil, mulch, wood chips, stone, rock, dirt, tree stumps, grass clippings and gravel, or any mixture thereof. If there is any dispute as to the matters regulated herein, the Borough Engineer's decision shall be controlling. The term "approving authority" shall mean the governing body, Planning Board or Board of Adjustment.
[Ord. #13-06, § 2]
No person shall excavate or otherwise remove soil in quantities of fifty (50) or more cubic yards under the provisions of this chapter without first having procured permission therefor from the governing body, provided that should such applicant also require approval from the Planning Board or Board of Adjustment, such Board shall have jurisdiction over the application. This chapter shall also apply to excavation or to soil excavated or removed in connection with swimming pool installations.
[Ord. #13-06, § 3]
The approving authority shall not consider any application for the removal of soil from the premises, for sale or otherwise, unless and until the owner of the premises shall first file with the Construction Code Official an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to inspection by the Borough Engineer and approval of the approving authority of the Borough of Midland Park. No such permission for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Borough Engineer and the approving authority.
[Ord. #13-06, § 4]
Upon written request for a hearing made by the applicant to the approving authority, an opportunity to be heard shall be granted within thirty (30) days thereafter, and the approving authority, in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
If, after examining the application and the map provided for in Section 23-3 of this chapter and after the hearing in the event that a hearing is requested by the applicant, the approving authority shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Ord. #13-06, § 5]
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the approving authority of the Borough of Midland Park. No excavation below the proposed sub-grade elevations prior to respreading of six (6") inches of topsoil, as shown on the approved soil removal plan, shall be permitted. Burying of boulders will be permitted, but only under the direction of the Borough Engineer.
[Ord. #13-06, § 6]
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six (6") inches, but such top layer of arable soil to a depth of six (6") inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Borough of Midland Park. Existing drainage patterns may not be modified without specific approval of the Borough Engineer and approving authority.
In the instance where development of the property precludes respreading all of the stripped and stockpiled topsoil, the amount of topsoil in excess of six (6") inches in depth for the areas to receive topsoil shall be calculated. A written request to remove the same from the site shall be submitted to the approving authority for its consideration and approval prior to removal from the site (the approving authority, with approval of the Mayor and Council, may select a site within the Borough boundaries over which a portion or all of the excess topsoil would be spread. If no location is selected, the owner would then dispose of the excess as he or she deems proper).
[Ord. #13-06, § 7]
No excavation shall be made and no soil shall be removed in quantities of fifty (50) or more cubic yards under the provisions of this chapter unless a permit therefore shall have been first obtained and the required fee and engineering escrow shall have been deposited as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
[Ord. #13-06, § 8]
No person shall import soil to a site within the Borough of Midland Park in quantities of fifty (50) cubic yards or more without first having procured a permit therefore by the filing of an application for such soil importation with the Construction Code Official.
The application shall disclose the address and location from which the soil is to be obtained, the owner or representative of the owner of the premises from which the soil is to be obtained and the kind and quality of soil to be imported.
The Borough Engineer shall review all such applications and, if in the opinion of said Engineer professional review of the application, including physical examination or testing of soil, is required, the Engineer shall forward all pertinent materials to a soil consultant or environmental consultant for review and for a certified testing soil laboratory report which shall be delivered to the approving authority within thirty (30) days from the date of completed application. The report of the consultant shall be accompanied by an invoice for the service performed. The applicant shall establish an escrow fund in the Borough Clerk's office to satisfy the cost of testing and professional review upon an estimate of the cost involved by the Borough Engineer.
If, during the course of soil importation, the Borough Engineer shall determine that a physical examination of the material involved is required for the protection of public health and safety, the Borough may retain a soil consultant to examine the fill material at the sole expense of the applicant who shall establish an escrow account to cover the cost as approved. If the results of such examination indicate the presence of material which is harmful, dangerous, toxic or hazardous to the public, all soil importation activities shall cease, and the soil in question shall be removed in accordance with directions of the Borough Engineer.
[Ord. #13-06, § 9]
No person shall move or disturb any existing soil on site in quantities of fifty (50) cubic yards or more without first having procured a permit by the filing of an application for such soil movement or disturbance with the Construction Code Official.
The provisions of Section 23-10 of this chapter shall be applicable to such application for soil movement or disturbance, including, but not limited to, filing fee, engineering escrow, topographical survey, performance bond and certification from the Bergen County Soil Conservation District.
If more than one (1) permit is triggered under this section in combination with Section 23-2 and/or paragraph a of Section 23-8 of this chapter, only one (1) permit shall be required. If less than fifty (50) cubic yards of soil is removed, imported or moved on site but in combination with any other applicable section herein exceed fifty (50) cubic yards, then one (1) permit shall be required.
[Ord. #13-06, § 10]
The following fee schedule shall be applicable to soil removal, soil importation and disturbance or movement of existing soil on site:
A resubmission fee of one hundred fifty ($150.00) dollars is required when the application is deemed incomplete and requires additional review by the Borough Engineer.
A topographical survey must be submitted for volume of fifty (50) cubic yards or greater.
The Borough Engineer is hereby authorized to prepare a soil movement application form to be completed and signed by applicants.
The following requirements are applicable to soil removal, soil importation and disturbance or movement of existing soil on site:
A performance bond is required for quantities of one hundred (100) cubic yards of soil or greater. The amount of the bond shall be determined at the rate of four ($4.00) dollars per cubic yard of the amount of soil to be moved. No soil permit shall be issued unless and until the applicant shall have posted a performance bond in form and with surety acceptable to the Borough conditioned upon full and faithful performance by the principal, within the time specified in the application of all the proposed work in accordance with the provisions of this chapter and of the soil permit issued hereto. Before the holder of any soil permit shall proceed before the approving authority with any application for any amendment or alteration of the terms and conditions of any outstanding soil permit, there shall be submitted to the approving authority 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. A cash equivalent sum may be deposited in lieu of a performance bond, if approved by the Borough Engineer and approving authority.
In addition to the performance bond required by the provisions of this section, the application for soil permit shall be submitted to the Construction Code Official of the Borough of Midland Park, together with a deposit check to defray the cost to the Borough of Midland Park for services of the Borough Engineer for review of the soil plan calculations, inspection of the earth-moving procedures and final restoration and stabilization of the disturbed area and review of the as-built plan prior to recommending release of the performance bond. The estimated amount of the engineering escrow shall be determined by the Borough Engineer upon review of the plan and area of intended excavation, but in no event shall the engineering escrow be less than five hundred ($500.00) dollars. If, prior to completion of the permit requirements, the escrow account should be depleted, the applicant shall deposit additional funds in the escrow account as estimated to bring the project to completion. Upon release of the performance bond and payment of any outstanding engineering fees, any balance shall be returned to the applicant upon request, in writing, to the governing body of the Borough of Midland Park.
Truck route approval shall be required for applications seeking to transport two hundred (200) cubic yards of soil or more.
The Borough Engineer may require the applicant to submit an escrow for street cleaning. The escrow will be determined by the Borough Engineer on a case-by-case basis. The cost of street cleaning will be reimbursed from the escrow.
Applicant is required to comply with the State of New Jersey's Soil Erosion and Sediment Control Act and is required to obtain certification from the Bergen County Soil Conservation District prior to a soil import or removal permit being issued for disturbances over five thousand (5,000) square feet.
Soil moving activities that disturb the stormwater discharge patterns from a property are subject to review and approval by the Borough Engineer. The stormwater discharge from any activity must reach the neighboring properties in the preexisting patterns or be directed to an acceptable stormwater management facility. The stormwater discharge rate to neighboring properties must be maintained or reduced. Calculations supporting the application must be provided by a professional engineer.
[Ord. #13-06, § 11]