[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]
a.
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:
b.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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]
a.
The following fee schedule shall be applicable to soil removal, soil
importation and disturbance or movement of existing soil on site:
1.
Schedule.
|
Volume of Soil to be Moved*
|
Filing Fee
|
Engineering Escrow
|
|---|---|---|
|
50 or more cubic yards
|
$15
|
$500
|
|
Over 200 cubic yards
|
$15
|
$500
|
|
Over 500 cubic yards
|
$25
|
$750
|
|
Over 1,000 cubic yards
|
$35
|
$950
|
|
Over 5,000 cubic yards
|
$100
|
$1,500
|
|
Over 10,000 cubic yards
|
$150
|
$2,500
|
|
Soil excavation or removal in connection with swimming pool
installation - $250.00 combined fee and escrow.
| ||
|
NOTE:
*Cubic yards are computed on soil in place and includes export
and import volumes.
| ||
2.
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.
3.
A topographical survey must be submitted for volume of fifty (50)
cubic yards or greater.
4.
The Borough Engineer is hereby authorized to prepare a soil movement
application form to be completed and signed by applicants.
b.
The following requirements are applicable to soil removal, soil importation
and disturbance or movement of existing soil on site:
1.
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.
2.
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.
3.
Truck route approval shall be required for applications seeking to
transport two hundred (200) cubic yards of soil or more.
4.
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.
5.
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.
6.
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]
