Editor's Note: Prior ordinance history includes 1993 Code §§ 169-1-169-9.
[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:
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.
Shall mean any person engaging in the moving, removal, or
excavation of soil or topsoil from any land in the township.
Shall mean any land in the township.
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.
Shall mean any soil permit other than a minor soil permit
for the moving of soil within any period of 12 consecutive months.
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.
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.
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.
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 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.
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.
(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 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.
6.
Land values and uses.
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]
b.
Soil Moving Fee. The soil moving fee will be charged at $0.10 per
cubic yard of fill or excavation, whichever is greater, less the soil
application fee. If the permit is voluntarily withdrawn, the soil
moving fee shall be refunded less the expenses incurred by the township.
c.
Exemption from Fees. All utility companies and federal, state and
local authorities, including the Board of Education and charitable
organizations, may be exempt from the requirements of soil application
fees and soil movement fees at the discretion of and upon application
to the Township Committee.
[Ord. No. 1799-2017]
a.
In the event that the Planning Board approves the soil moving permit
application, the Planning Board shall forthwith give notice to the
applicant of the action of the Planning Board. When a performance
guaranty is required, the Planning Board shall also give notice of
the amount of the performance guaranty required as hereinafter set
forth in this section. In the event that the applicant fails to post
the required performance guaranty within 60 days of said notice, then
the approval of the Planning Board shall be automatically rescinded,
but in no event shall any soil moving activities be begun until required
performance guaranties are posted.
b.
No major soil moving permit shall be issued unless the applicant
therefor shall have posted with the township a performance guaranty,
in a form approved by the Township Attorney, in either cash or its
equivalent, or surety bond as specified by the Township Committee,
in such amount as the Planning Board, upon written recommendation
of the Township Engineer, shall determine, 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 moving permit issued pursuant hereto.
c.
Amount of Performance Guaranty.
1.
The amount of said performance guaranty 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 performance guaranty be less than the
principal amount of $2,000. The Planning Board may request additional
performance guaranties for improvements shown on the soil moving application
or plan, such as but not limited to the following: retaining walls,
planting, drainage, erosion control, damages to haul route, etc.
2.
In ascertaining the rate upon which to compute the amount of the
performance guaranties, the Planning Board shall take into consideration
such factors as may bear upon the facility with which the proposed
work may be performed, including but not limited to the type and character
of soil, the extent of the area over which the soil moving operations
are to be conducted, the extent and depth of the various cuts and
fills, the extent to which the area of operations is wooded, the proximity
of the proposed operations to streets, buildings, structures, natural
or artificial streams or watercourses and general drainage conditions.
d.
Before the holder of any soil removal permit shall proceed before
the Planning Board with any application for any amendment or alteration
of the terms and conditions of any outstanding soil removal permit,
there shall be submitted to the Planning Board, if a performance bond
was posted, 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.
e.
Applications for the release of any performance guaranties posted
in accordance with the terms of this section 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 engineer and land surveyor of the State of New Jersey.
[Ord. No. 1799-2017]
a.
The soil moving permit shall be in such form as may be prescribed
by the Planning Board. A major soil permit shall be signed by the
Secretary of the Planning Board or the Chairman of the Planning Board,
and it shall contain any special conditions set forth in the recommendation.
A minor soil permit shall be signed by the Township Engineer.
b.
The soil moving permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one year.
c.
All permits shall automatically expire on the termination date, unless
application for renewal has been made and approved in writing, extending
such permit.
d.
Hours of Operation. No excavating or removal operation of or from
any land or premises pursuant to a soil removal permit issued in accordance
with this chapter shall be conducted except as follows: weekdays (Monday
through Friday) during the hours of 8:00 a.m. through 5:00 p.m.
e.
No soil permit shall be issued until it is determined that there
are no outstanding taxes or assessments for local improvements due
or delinquent on the property for which the application is made.
[Ord. No. 1799-2017]
a.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of said topsoil within
the boundary lines of said lot.
b.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot on
or before the completion date set forth in the soil permit 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.
c.
No developer or excavator shall remove to any point beyond the boundary
lines of the lot any topsoil whatsoever unless and until topsoil not
inferior in quality to that to be removed shall first have been replaced
uniformly to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map, over the
entire surface or area of the lot, excepting only such portions thereof
as shall be or shall have become, since the date of filing of said
topographical map, permanently covered by a building or structure,
street pavement, curb, sidewalk, driveway or other paved area or by
any body of water or waterway. In no event shall the developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil as
aforesaid.
[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.
[Ord. No. 1799-2017]
a.
Nothing in this chapter shall be construed to affect or apply to
any person engaged in the moving of soil in and upon lands enrolled
in the soil conservation program of the Northeastern Jersey Soil Conservation
District of the United States Department of Agriculture Soil Conservation
Service and for which lands an "approved farm plan" has been established
by said agency, provided that all soil moving operations in and upon
such lands are performed in accordance with said approved farm plan.
b.
The provisions of this chapter shall not apply to excavations for
building foundations, swimming pools or driveways related to one single-family
residential building not part of a two-lot-or-more subdivision approval,
nor shall it apply to excavations for lines, septic tanks or sanitary
sewer installations.
[Ord. No. 1799-2017]
a.
For the purpose of administering and enforcing this chapter, a duly
authorized agent of the office of the Township Engineer 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
in order to determine compliance with the requirements of any soil
moving permit issued.
b.
In addition to the enforcement provisions of other sections of this
chapter, the Zoning Officer or any other person authorized from time
to time by the Township Committee shall have the right, upon discovery
of any violators of this chapter, to issue stop orders and remedial
directions to force compliance herewith, which may be further enforceable
by appropriate actions in any courts of competent jurisdiction in
the State of New Jersey.
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.
