[Ord. No. 08-10 § 31-1; Ord. No. 09-5 § 31-1]
The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
by developers and excavators which may result in conditions detrimental
to the public safety, health and general welfare substantially hampering
and deterring the efforts of the Borough to effectuate the general
purpose of the municipal planning. The continuation of the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
and filling with unsuitable material may cause serious and irreparable
damage to the public welfare by reason of consequent soil erosion
by water and wind; inadequate and improper surface water drainage;
decrease in or destruction of the fertility of soil; removal of lateral
support of abutting streets, lands and premises; creation of dust
storms and mosquito breeding places; creation of dangerous depressions
or pits; deterioration of property values; rendering of lands unfit
or unsuitable to their most appropriate uses; and creation of other
factors and elements hampering and deterring appropriate development
of the Borough.
[Ord. No. 09-5 § 31.2]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean any person who, either directly or through an
owner, agent or independent contractor, engages or intends to engage
in land subdivision or in the construction of any improvement to real
property.
Shall mean any person who moves soil.
Shall mean any parcel of land or portion thereof, the boundary
lines of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough or in
the office of the Bergen County Clerk. For the purposes of this chapter,
a "lot" shall also be deemed to be any contiguous parcels of land
under common ownership, which ownership can be ascertained by reference
to the maps and records, or either, in the office of the Tax Assessor
of the Borough or in the office of the Bergen County Clerk.
Shall mean any soil permit other than ministerial for the
moving of soil within any period of 12 consecutive months.
Shall mean a permit for the moving of soil, as required by Section 31-5 of this chapter, between zero and 400 cubic yards of soil within any period of 12 consecutive months. If two or more applications in any twelve consecutive-month period require the movement of soil in excess of 400 cubic yards in the aggregate, said application shall be classified as a major soil-moving application and shall be required to comply with Section 31-6 of this chapter.
Shall mean to dig, excavate, remove, deposit, place, fill,
grade, regrade, level or otherwise alter or change the contour of
any lot, or transport, or supply soil. This term shall not be construed
to include plowing, spading, cultivating, harrowing or dicing 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.
Shall mean any person having any possessory interest or estate
therein as will permit exercise of effective possession thereof or
dominion thereover.
Shall mean 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.
Shall mean 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.
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.
Shall mean 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.
[Ord. No. 09-5 § 31.3]
No developer, excavator or owner shall move or cause, allow,
permit or suffer to be moved any soil in or upon any lot in the Borough
unless and until a soil-moving permit shall first have been issued
in accordance with the provisions of this chapter.
[Ord. No. 09-5 § 31.4]
All applications for soil-moving permits shall be made through
the office of the Borough Engineer.
[Ord. No. 09-5 § 31.5]
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 Section 31-7 of this chapter.
1.
Applications shall be made on forms prescribed 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:
(a)
The identity and address of the applicant.
(b)
The lot, block number and address of the lot or lots involved.
(c)
The identity and address of the owner of the lands.
(d)
The purpose or reason for the moving of the soil.
(e)
The estimated quantity in cubic yards of soil to be moved.
(f)
A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more at the base.
(g)
The proposed date of the start and completion of the work.
2.
The Borough Engineer shall require the applicant to submit an existing
topographical map and a proposed grading and drainage plan.
b.
The Borough Engineer, upon receipt of the application, shall make
a field investigation and shall issue the permit or deny it, giving
his reasons for denial. The Borough Engineer will forward a copy of
the permit to the Building Department and one to the applicant and
shall retain one copy on file.
The Borough Engineer shall classify any ministerial soil application
as a major soil application if he finds the application will present
unusual drainage or erosion of soil problems or adversely affect the
development of the abutting lot or lots.
[Ord. No. 09-5 § 31-6]
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, to the Planning Board, with a copy to the Borough
Engineer and Building Department:
1.
The identity and address of the applicant.
2.
The description of the lands in question, including lot, block number
and address 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 or site development
and, if so, the date of filing the application shall be provided.
5.
A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal from the site.
6.
The kind and quantity in cubic yards rounded to the next highest
number of cubic yards of the soil to be imported and/or exported.
7.
In case of import of soil, the place from which the soil is being
obtained. The fill required to be imported to the site must be clean
fill obtained from an identified reputable source and suitable for
its intended purpose.
8.
The proposed date of the completion of the work.
9.
The proposed route of all vehicles used to transport the soil.
10.
A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more at the base.
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 chapter.
c.
Topographical Map. Accompanying the application to the Planning Board
shall be the required number of a topographical map of the lot upon
which the proposed soil-moving operations are to be conducted and
of all surrounding lands within 25 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 inch to
50 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 maximum fifty-foot grid
layout.
3.
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial on the lot.
4.
All existing surface and subsurface water drainage conditions and
provisions therefor.
5.
All wooded areas and all trees having a diameter of six 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 25
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 imported or exported.
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 or Borough Engineer
may 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 the appropriate subdivision
ordinance.
d.
Inspection of Site.
1.
The Borough Engineer shall make an inspection of the site 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 render his findings in a report to the
Planning Board prior to the public hearing on the application.
e.
Public Hearing.
2.
The Planning Board shall within the time permitted under the Municipal
Land Use Law hold a hearing for the purpose of considering the application.
3.
The applicant shall, at least 10 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 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.
Existing land uses.
7.
Such other factors as may bear upon or relate to the 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 chapter 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
the time prescribed by the Municipal Land Use Law.
h.
When an application for site plan 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 chapter are hereby granted and
conferred upon the Board of Adjustment.
[Ord. No. 09-5 § 31-7]
b.
Soil-Moving Fee.
1.
The soil-moving fee will be charged at $0.05 per cubic yard of fill
or excavation, whichever is greater, less the soil application fee.
If the permit is denied or withdrawn, only the soil-moving fee in
excess of the application fee shall be refunded.
2.
Exemption: All utility companies, Federal, State and local authorities,
including the Board of Education and charitable organizations and
further, any movement of soil amounting in the aggregate up to 10
cubic yards of soil in a twelve-month consecutive period shall be
exempt from the requirement of the soil application fee and soil movement
fee.
[Ord. No. 09-5 § 31-8]
a.
In the event that the Planning Board approves the soil movement 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.
b.
No soil movement 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 Borough
Engineer shall determine, conditioned upon full and faithful performance
by the applicant within the time specified in the application of all
the proposed work in accordance with the provisions of this chapter
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 $0.10 per cubic yard and not in excess of $0.50 per cubic yard
of the amount of soil to be moved; provided, however, that in no event
shall said bond be less than the principal amount of $2,000.
d.
Applications for the release of any bonds posted in accordance with
the terms of this chapter 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 data 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.
[Ord. No. 09-5 § 31-9]
a.
The soil movement permit shall be in such form as may be prescribed
by the Planning Board. It shall be signed by the Borough Engineer
and it shall contain any special conditions set forth in the resolution
of approval.
b.
The soil movement permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one year.
[Ord. No. 09-5 § 31-10]
For the purpose of administering and enforcing this chapter,
any duly authorized agent of the Building Department of the Borough
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.
[Ord. No. 09-5 § 31-11]
The Building Department or its duly authorized agent may issue
a violation of this chapter.
Any person who violates any provision of this chapter or conditions attached to the issuance of any permit shall, upon conviction, be subject to the penalties provided by subsection 1-5.1 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
