As used in this chapter, the following terms shall have the
meanings indicated:
LAND DISTURBANCE
Includes any digging, excavation, placement, replacement,
filling, grading or leveling of soil or any activity, which shall
alter or change the grade, location or contour of lands and the transportation
or supplying of soil. Mulching and/or the tilling of land for the
purposes of gardening or reseeding of lawns shall be excluded from
this definition.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
Any person desiring to disturb land in accordance with the limits
established in this chapter located within the Borough shall file
with the Municipal Clerk a preliminary application, in writing, for
such disturbance. The person intending to perform such operation,
as well as the owner or owners of the premises from or on which soil
is to be disturbed, shall sign such application. There shall be no
fee to be submitted with an initial application for disturbing soil.
The preliminary application shall include or be accompanied by the
following information:
A. A location survey, also known as a Map of Survey, prepared by a licensed
land surveyor which shows all structures, lot lines and easements,
marked up to show the limits of disturbance, proposed drainage patterns,
retaining walls and landscaping. If survey map is not available, a
neatly prepared hand-drawn sketch by the owner may be acceptable denoting
the same.
B. A written description of the proposed work, including the volume
of soil to be excavated or placed, the maximum change in elevation
resulting from the project and the maximum height of any proposed
retaining walls.
C. The reasons for the proposed work and the proposed dates for commencement
and completion.
D. The address, lot and block number of the premises from which or on
which soil is to be removed or filled and the names and addresses
of the owners.
E. If a contractor is performing the work, the name of the contractor
and all applicable contact information.
F. The source of fill to be brought to the site if applicable.
In the removal or filling of soil, dirt or other material, only
such streets within the Borough shall be used for transportation as
may be designated for that purpose by the Department of Public Works.
Such streets shall be kept free from dirt resulting from such soil
removal or filling work. All parking ordinances, street cleaning ordinances
will remain in effect unless waived by the Borough of Somerville and
violators will be subject to penalties under said ordinances.
This chapter shall not apply to soil disturbance incident to
work under a permit issued by the Soil Conservation District, Construction
Official; soil disturbance incident to an approval granted by the
Planning Board or Board of Adjustment; or excavations or filling for
improvements being made by the Borough or its contractors.
Nothing in this chapter shall be construed to prevent the Borough
from initiating injunctive proceedings to restrain removal, redistribution
or filling of soil in violation of this chapter.