[Ord. No. 1799-2017]
The unregulated and uncontrolled relocation, filling, excavation
and removal of soil on a large scale has resulted and can result in
conditions detrimental to the public safety, health and general welfare,
substantially hampering and deterring the efforts of the Township
of West Caldwell to effectuate the general purpose of municipal planning,
and must be controlled.
The unregulated and uncontrolled relocation, filling, excavation
and removal of soil will result in serious and irreparable damage
to the public welfare by reason of consequent soil erosion by water
and wind; inadequate and improper surface water drainage; increased
flooding and flood damage both within and without the township; the
decrease in or destruction of the fertility of soil, the removal of
lateral support of abutting streets, land and premises; the creation
of dust storms and mosquito-breeding areas; the creation of dangerous
depressions; the deterioration of property values; the rendering of
lands unfit or unsuitable to their most appropriate uses; and the
creation of other factors and elements affecting the coordinated,
adjusted and harmonious physical development of the township, and
must be controlled and regulated.
[Ord. No. 1799-2017]
The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation and removal of soil
by property owners, 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 township
to effectuate the general purpose as expressed herein.
[Ord. No. 1799-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
DEVELOPER
Shall mean 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 or more dwelling houses,
a business or industrial building in any subdivision, for the purpose
of sale to or occupancy by another person or persons.
EXCAVATOR
Shall mean any person engaging in the moving, removal, or
excavation of soil or topsoil from any land in the township.
LAND
Shall mean any land in the township.
LOT
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 Township or in
the office of the Essex County Clerk. For the purposes of this Article,
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 or records in the office of the Tax Assessor of the Township
or in the office of the Essex County Clerk.
MAJOR SOIL PERMIT
Shall mean any soil permit other than a minor soil permit
for the moving of soil within any period of 12 consecutive months.
MINOR SOIL PERMIT
Shall mean a permit for the moving of more than one but less than 100 cubic yards of soil within any 12 consecutive months, as required by Section
16-5 hereof, and which is not submitted with or determined to affect an application for subdivision or site plan approval. If two or more applications in any 12 consecutive months' period require the movement of soil in excess of 100 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with Section
16-6 hereof.
MOVE
Shall mean to dig; excavate; remove; deposit; place; fill;
grade; regrade; level or otherwise alter or change the location of
contour; or to transport or to supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or disking 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 it does
not substantially alter existing drainage patterns.
OWNER
Shall mean 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.
SOIL
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.
SUITABLE FILL
Shall mean materials including but not limited to earth,
clay, gravel, stone, dirt, etc. The Township Engineer shall determine
whether the fill is suitable or unsuitable to the particular location.
TOPSOIL
Shall mean soil that, in its natural state, constitutes the
top layer of earth on any land in the township and is, by weight,
composed of 2% or more of organic matter and has the ability to support
vegetation.
[Ord. No. 1799-2017]
No owner, developer or excavator shall move or cause, allow,
permit or suffer to be moved any soil in or upon any lot in the township
until a soil moving permit therefor shall first have been issued in
accordance with the provisions of this chapter. All applications for
soil moving permits shall be made through the Township Engineer.
[Ord. No. 1799-2017]
The procedure for applying for and issuance of a minor soil
moving permit shall be as follows:
a. Applications for minor soil permits shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in Section
16-7 of this chapter. Applications shall be made in triplicate, on forms prescribed by the township and supplied by the Township Engineer. In addition to any other requirements which the township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following:
1. The identity and address of the applicant;
2. The lot and block numbers and street address of the lot or lots involved;
3. The identity and location of the owner of the property;
4. The purpose or reason for the moving of soil;
5. The estimated quantity in cubic yards of soil to be moved;
6. A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more;
7. The proposed date of completion of the work; and
8. The Township Engineer may require the applicant to submit an existing
topographical map and proposed grading and drainage plan and give
notification by certified mail to the abutting property owners if
the Township Engineer deems it necessary due to the existence of drainage
or erosion problems and to protect the health, safety and welfare
of the applicant, the property and the community.
b. The Township Engineer, upon receipt of the application, shall make
a field investigation and shall issue the permit or deny it, giving
the reasons for denial. The Township Engineer will forward a copy
of any issued permit to the township, the Planning Board, and a copy
to the applicant, and shall retain one copy on file. The Township
Engineer shall classify any minor soil application as a major soil
application if he or she finds that the application should be considered
as part of a site plan or subdivision application, or that the application
will present drainage or erosion problems or that it will adversely
affect abutting property.
c. Soil and/or suitable fill brought to land or removed from land within
the Township of West Caldwell shall be tested and/or certified verifying
clean and contaminant free by a licensed professional and/or facility
specializing in such field, subject to the discretion of the Township
Engineer.
[Ord. No. 1799-2017]
The procedure for applying for and 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 carbon
copies to the Township Engineer and Zoning Officer:
1. The name and address of the applicant.
2. The names and addresses of the owners of the premises:
3. If the soil moving application is submitted in conjunction with subdivisions
of six or more lots or for multifamily houses of 25 or more units
or for approval of a commercial development and the applicant or owner
is a corporation, the names and addresses of the officers of the corporation,
the board of directors and each and every stockholder of record possessing
greater than 10% interest in the stock of the corporation.
4. The relationship between the applicant and the owners.
5. The interest that the applicant has in the lands in question.
6. The description of the lands in question, including lot and block
numbers of the lot or lots involved.
7. 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.
8. A detailed statement of the method or process to be employed for
the excavation and the proposed time period for removal.
9. The kind and quantity in cubic yards of the soil to be removed.
10. In case of removal or replacement of soil, the place to which the
soil is to be removed and the place from which and quantity of soil
to be removed, in fill and excavation, and the transportation route
to be used within the township.
11. The proposed start and completion date of the work, including hours
and days of operation.
12. The name and address of the excavator, contractor or the person having
express charge, supervision and control of the proposed excavation
work.
13. The number, capacity, type and description of each piece of equipment
to be used in the operation and the number of truckloads to be removed.
14. The routes over which the material will be transported and the method
of traffic control.
15. The method of abating noise and dust in the operation.
16. The number of trees to be removed and a statement as to how the moving
of soil will affect all trees with a diameter of six inches or more.
17. The means of assuring lateral support and preventing erosion, floods
and washing of silt into streams.
18. The submission of an integral soil and sedimentation control plan.
19. The means of protecting downstream properties from the effects of
the operation.
20. A certificate that he 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 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 chapter, clearly marked to indicate
the soil cuts or fill.
21. In the event that the removal of said soil is in connection with
development or subdivision, all of the information required under
the terms of the applicable Subdivision Ordinance of the Township
of West Caldwell.
22. Such other pertinent data as the Planning Board of the Township of
West Caldwell may hereinafter reasonably require.
23. The moving of soil into floodplains must be approved by the New Jersey
Department of Environmental Protection in addition to any municipal
permit obtained.
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 township, 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 shall be eight 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
100 feet of the perimeter of said lot, prepared and certified by a
licensed professional engineer or land surveyor of the State of New
Jersey, on a scale of no less than one inch to 100 feet, and referring
to United States Coast and Geodetic Survey data, showing as to both
the lot and the surrounding lands:
1. The dimensions of the lot, including distance and bearings, and the
lot and block numbers or the lot and of each lot in the surrounding
lands as shown on a Tax Assessment Map of the township.
2. The existing elevations of all lands on a 100-foot grid layout.
3. The existing elevations of all buildings, structures, streets, streams,
bodies of water.
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 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. Existing surface water drainage, channels of any streams, bodies
of water and watercourses, natural or artificial, including detailed
cross sections showing present and proposed channel widths, bank slopes,
grade and method of erosion control; proposed provisions and facilities
for surface water drainage which will result from the proposed changes
in elevations and contours due to the removal of soil. This information
may be provided on a separate map in the form of a drainage study.
10. Accurate cross sections showing the locations and quantities, in
cubic yards, of soil to be removed.
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 reasonably 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 site plan or subdivision
plan, the developer shall submit complete site plan or preliminary
subdivision plan according to the appropriate Subdivision Ordinance.
15. Soil erosion and sediment control measures.
d. Inspection of Site.
1. The Township 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.
(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 township.
e. Hearing. The Planning Board shall fix a date for hearing within 45 days after the receipt of a complete application and shall give to the applicant, either personally or by mail, notice of the time and place of said hearing. The applicant shall provide notice of the hearing in accordance with subsection
18A-8.4 of the Township Code, setting forth its request for a soil moving permit, which notice shall include the name of the developer, a description of the property by lot and block, the amount of soil to be moved, the purpose for which the soil is to be moved and the time, date and place of said hearing. The applicant shall, at the hearing, present to the Planning Board satisfactory proof, in affidavit form, of the service and publication 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.
7. The general welfare of the municipality and of the citizens of the
Township of West Caldwell.
8. The unsightliness of the premises after excavation.
9. The effect of flooding upon the premises in question and other property
within and without the township.
10. Whether the proposed work will create a nuisance.
11. Whether the proposed work is necessary in connection with the development
of residential property.
12. The effect that the proposed removal of soil would have on individual
sanitary sewage disposal systems.
13. The preservation of existing watercourses.
14. The creation of sharp declivities, pits or depressions.
15. Whether the proposed removal of soil constitutes a commercial activity.
16. Proposed complete site plan or preliminary subdivision plan.
17. Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township.
18. Proposed soil and sedimentation control plan.
g. Decision. The Planning Board shall review and consider the completed
application, all of the requirements of the provisions of this chapter,
the material factors brought up at the public hearing, and the reports
of other reviewing authorities of the township and shall either grant
or deny the issuance of said soil permit. If the Planning Board denies
the permit, the reason or reasons for the denial shall be stated.
The Planning Board may also issue a permit with stipulations and conditions.
The Planning Board shall grant or deny the application within 45 days
of the filing of a complete application or within such further time
as may be mutually consented to between the applicant and the Planning
Board.
h. Soil and/or suitable fill brought to land or removed from land within
the Township of West Caldwell shall be tested and/or certified verifying
clean and contaminant free by a licensed professional and/or facility
specializing in such field, subject to the discretion of the Township
Engineer.
[Ord. No. 1799-2017]
No developer or excavator shall, at any time in the course of
the work, dig or excavate more than six inches below the proposed
final grades as shown on the topographical map unless:
a. The soil moving permit specifies otherwise and the performance guaranty,
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; or
b. After issuance of the soil removal permit, the developer or excavator,
before digging or excavating below said six-inch 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 chapter.
[Ord. No. 1799-2017]
No developer or excavator shall deposit soil upon, 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 or 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 inches, measured from the
proposed final grades as shown on the topographical map.
c. Seeding of the property, which shall be accomplished within one month
after completion of the soil moving operation, weather permitting,
but in no event shall seeding of the property be accomplished more
than six months after completion. The applicant will maintain the
seeded area for a period of one year after completion.
Editor's Note: Ord. No. 1837-2021 repealed prior §
16-15, Lot Grading Permit; Application and Criteria; Lot Grading Plan and Review; Fee. Prior history includes Ord. No. 1799-2017.
[Ord. No. 1799-2017]
Violations of this chapter shall be punishable in accordance with Section
1-5 of the Township Code.