[1972 Code § 23-1; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II[1]]
The Township Council has determined that the unregulated and
uncontrolled relocation, filling, excavation and removal of soil on
a large scale by developers and excavators has resulted 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 of municipal planning; and that the continuation
of the unregulated and uncontrolled relocation, filling, excavation
and removal of soil will result in serious 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 the coordinated, adjusted and harmonious
physical development of the Township.
[1]
Editor's Note: The power to regulate soil removal is
included in the general Police powers granted by N.J.S.A. 69A-29,
30.
[1972 Code § 23-2; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
As used in this chapter:
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,
business or industrial buildings, in any subdivision, for the purpose
of sale to occupancy by another person or persons.
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 Township, or in
the office of the Essex 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 Township or in the office of the Essex County Clerk.
Shall mean to dig, excavate, remove, deposit, place, fill,
grade, re-grade, level, or otherwise alter or change the location
or contour, transport, or supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or discing of
soil, or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes.
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 the Board that considers a request for a Soil
Removal Permit alone or when accompanied by a site plan or subdivision
application under the jurisdiction of the Planning Board as defined
by the Municipal Land Use Law.
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter.
Shall mean soil that, in its natural state, constitutes the
top layer of earth, and is composed of 2% of more, by weight, or organic
matter and has the ability to support vegetation.
Shall mean the Board that considers a request for a Soil
Removal Permit when combined with an application seeking a variance
within the jurisdiction of the Zoning Board of Adjustment as defined
by the Municipal Land Use Law.
[1972 Code § 23-3.1; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
No owner of any lot in the Township shall cause, allow, permit
or suffer any soil in or upon the lot to be moved by any developer
or excavator until the developer or excavator has first obtained a
Soil Removal Permit therefor.
The matter of reviewing and considering all applications for
Soil Removal Permits is hereby referred to the Planning Board of the
Township or the Zoning Board of Adjustment.
No developer and no excavator shall move or cause, allow, permit
or suffer to be moved, any soil in or upon any lot in the Township
unless and until a Soil Removal Permit therefor shall first have been
issued by the Secretary of the Planning Board or the Zoning Board
of Adjustment. No Soil Removal Permit shall be issued until the Planning
Board or the Zoning Board of Adjustment has approved the permit application
and submitted its report and recommendation to the Secretary of the
Planning Board or the Zoning Board of Adjustment.
[1972 Code § 23-3.2; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
The procedure for applying for and issuance of a Soil Removal
Permit shall be as follows:
a.
Form of Application. On forms prescribed and supplied by the Planning
Board or the Zoning Board of Adjustment, the applicant shall set forth,
in duplicate:
1.
His or her name and address.
2.
The description of the lands in question.
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; if so, the date of
filing of the application for subdivision.
5.
The kind and quantity in cubic yards of soil to be moved.
6.
In case of removal, the place to which the soil is to be removed,
and the kind and quantity of soil to be removed.
7.
The proposed date of completion of the work.
8.
A certification that he/she has had a licensed land surveyor place
or caused to be placed stakes at each corner of the lands from which
soil is to be removed, and further that he/she has had a licensed
professional engineer place or caused to be placed grade stakes at
the existing elevation points designated on the topographical map
pursuant to the provisions of paragraph c of this section, clearly
marked to indicate the soil cuts or fill.
9.
Other pertinent data which the Planning Board or the Zoning Board
of Adjustment may, by resolution, require.
b.
Signatures. The application shall bear the signature of the applicant
and the endorsement of the owner or owners of the 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 with minimum two-foot contour intervals
upon which the proposed soil moving operations are to be conducted
and of all surrounding lands within 200 feet of the perimeter of the
lot, prepared and certified by a licensed professional civil engineer
or land surveyor of the State of New Jersey, on a scale of not less
than one inch to 100 feet and referring to United States Coast and
Geodetic Survey data, showing both as to the lot and as to all of
the surrounding lands.
1.
The dimensions of the lot, and the lot and block number of the lot
and of each lot in the surrounding lands and the present ownership
of each as shown on the tax assessment map of the Township.
2.
The existing elevations of all lands on the 100-foot grid layout.
3.
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
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 the limits at intervals of not more than 100
feet.
7.
The proposed final elevation at each point where existing elevations
shown on the map are to be changed as a result of completion of the
proposed work.
8.
Proposed slopes showing a minimum of two-foot contour intervals 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, and method of erosion and control thereof.
10.
Accurate cross sections showing the locations and quantities, in
cubic yards of soil to be moved.
11.
All proposed elevations in enclosed rectangular boxes, and all existing
elevations to be indicated without any kind of enclosure.
12.
Other pertinent data which the Planning Board or the Zoning Board
of Adjustment may, by resolution, require.
d.
Permit Fee. The application shall be submitted to the Secretary of
the Planning Board or the Zoning Board of Adjustment with a permit
fee to the order of the Township in an amount computed at the rate
of $0.05 per cubic yard multiplied by the number of cubic yards to
be moved, as stated in the application and certified on the topographical
map. In no event shall the fee be less than $125. In the event of
refusal to issue a Soil Removal Permit, as hereinafter provided in
this section, the aforesaid fee paid by the applicant shall be refunded,
except that all monies and costs incurred by the Township for engineering
surveys and reports, inspection fees and legal fees shall be retained
by the Township and the balance remaining shall be refunded to the
applicant, together with a statement of the costs and expenses incurred
by the Township in the processing of the soil application.
e.
Inspection of Site. 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:
1.
Soil erosion by water and wind.
2.
Surface and subsurface water drainage.
3.
Soil fertility.
4.
Lateral support of abutting streets and lands.
5.
Public health and safety.
6.
Sidewalks, curbs, roads, storm sewers, etc.
7.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
The Township Engineer shall also inspect the site to determine
whether stakes have been placed on each corner thereof and whether
grade stakes have been placed at the existing elevation points designated
on the topographical map pursuant to the provisions of paragraph a
of this section.
f.
Hearing. The Planning Board or the Zoning Board of Adjustment shall,
within a reasonable time after receipt of the application, fix a date
for a hearing for the purpose of considering the application and shall
give to the applicant, by registered mail, notice of the time and
place of the hearing. The applicant shall, at least 10 days prior
to the date appointed for the hearing, serve written notice either
in person or by registered mail upon such persons as are shown on
the Township tax records to be the owner so the lots within 200 feet
of the property in question. The applicant shall, at the hearing,
present to the Planning Board or the Zoning Board of Adjustment satisfactory
proof, in affidavit form of the service of the notices.
g.
Factors to Be Considered in Determining Application. In considering
the application, the Planning Board and/or the Zoning Board of Adjustment
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.
4.
Lateral support of abutting streets and lands.
5.
Public health and safety.
6.
Land values and uses.
7.
Effects on sidewalks, curbs, roads, storm sewers, etc.
8.
Other factors which may bear upon or relate to the coordinated, adjusted,
and harmonious physical development of the Township.
h.
Decision. The Planning Board or the Zoning Board of Adjustment shall
review and consider the application and shall render its report and
recommendation to the Secretary of the Planning Board or the Zoning
Board of Adjustment, who shall grant or refuse the permit in accordance
with the recommendation. The report and recommendation shall be made
within 60 days after the receipt of the application.
i.
Appeal. In the event of refusal by the Planning Board, the applicant
may, not later than 30 days after the date of such refusal, appeal
to the Township Council. The Township Council may by a majority vote
of the members present sustain or by a 2/3 vote of the entire membership
overrule the recommendations of the Planning Board.
[1972 Code § 23-3.3; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
a.
Notice of Appeal. In the event that the Planning Board or Zoning
Board of Adjustment recommends approval of the Soil Removal Permit
application, the Secretary of the Planning Board or Zoning Board of
Adjustment shall forthwith give notice to the applicant of the action
of the Planning Board or Zoning Board of Adjustment, and further,
the amount of the performance bond required as set forth in paragraph
c of this section. In the event that the applicant fails to post the
required performance bond within 60 days of the notice, then the recommendation
of the Planning Board or Zoning Board of Adjustment shall be automatically
rescinded.
b.
Cash and Performance Bond Required. No Soil Removal Permit shall
be issued unless the applicant therefor shall have posted with the
Township a cash and performance bond in form and with surety acceptable
to the Township in such amount as the Planning Board or Zoning Board
of Adjustment 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 Removal Permit issued pursuant hereto.
c.
Determination of Amount of Bond. The amount of the bond shall be
50% cash and 50% surety as 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. In no event shall the cash bond be
less than the principal amount of $2,000.
In ascertaining the rate upon which to compute the amount of
the bond, the Planning Board or Zoning Board of Adjustment 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 of 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.
Written Consent of Surety. Before the holder of any Soil Removal
Permit shall proceed before the Planning Board or Zoning Board of
Adjustment 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 or Zoning Board of Adjustment
the written consent of the surety on the bond approving the application
for amendment or alteration and consenting to extension of the bond
coverage thereto.
e.
Release of Cash or Surety Bonds. Applications for the release of
any cash or surety bonds in accordance with the terms of this chapter
or the resolutions of the Planning Board or Zoning Board of Adjustment
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 or Zoning Board of Adjustment. The affidavit shall be executed
by a licensed professional or civil engineer of the State of New Jersey.
[1972 Code § 23-3.4; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
The Soil Removal Permit shall be in such form as may be prescribed
by the Planning Board or Zoning Board of Adjustment. If the application
for the Soil Removal Permit is pending before the Planning Board,
then the Soil Removal Permit shall be signed by the Secretary of the
Planning Board and either the Chairman of the Planning Board or the
Chairman of the Soil Committee of the Planning Board and it shall
contain any special conditions set forth in the recommendation.
If the application for the Soil Removal Permit is pending before
the Zoning Board of Adjustment, then the Soil Removal Permit shall
be signed by the Secretary of the Zoning Board of Adjustment and either
the Chairman of the Zoning Board of Adjustment or the Chairman of
the Soil Committee of the Zoning Board of Adjustment and it shall
contain any special conditions set forth in the recommendation.
The permit shall be dated as of the date it is actually issued,
and the term of the permit shall not exceed one year. All permits
shall automatically expire on the termination date, unless application
for renewal has been made and approved in writing, extending the permit.
[1972 Code § 23-4.1; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
No person to whom a Soil Removal Permit has been issued shall:
a.
Conduct or maintain on the premises any sand, gravel, or similar kind of pit, any sand or gravel washing or screening machinery or equipment, any business or industry not permitted in the district in which the premises are located and classified by Chapter 25, Land Use Regulations as amended and supplemented, or any endeavor or enterprise other than the grading or regrading of the premises in accordance with the provisions of the Permit, and where applicable, the necessary disposal of soil incidental to the grading or regrading.
b.
Conduct or maintain any soil moving operations without having first
made adequate provision by means of road soil, or otherwise, for the
laying of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the Soil Permit.
c.
Neglect to dispose of, on or before the completion date stated in
the application any partially, or wholly excavated boulders or other
incombustible debris resulting from the soil moving operations by
burial or removal, and any partially or wholly excavated stumps felled
or uprooted trees or other combustible debris resulting from the soil
moving operations, by combustion or removal from the premises, provided
the combustion is otherwise authorized and legal under existing laws.
d.
Conduct any soil moving operations beyond the expiration date as
set forth in the Soil Removal Permit or extended expiration date as
may duly be granted by the Planning Board.
[1972 Code § 23-4.2; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
a.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of the topsoil within
the boundary lines of the 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 the 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 re-placed
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 the
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.
[1972 Code § 23-4.3; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
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 Removal Permit specifies otherwise and the performance bond
makes specific provision 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.
b.
After issuance of the Soil Removal Permit, the developer or excavator,
before digging or excavating below the minimum level, shall apply
to the Planning Board or Zoning Board of Adjustment and be granted
an amendment in the application and topographical map then in effect,
which amendment may be granted upon such terms as the Planning Board
or the Zoning Board of Adjustment may deem necessary to assure adherence
to the purpose and objectives of this chapter.
[1972 Code § 23-4.4; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
No developer or excavator shall deposit soil upon, fill in,
or raise the grade of any lot without first making provision for:
a.
The use in the 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 the 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 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.
[1972 Code § 23-5; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
Nothing in this chapter shall be construed to affect or apply
to any person engaged in the moving of topsoil 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 the agency, provided that all soil-moving operations in and upon
the lands are performed in accordance with the approved farm plan.
[1972 Code § 23-6; Ord. No. 263-73 § 2; Ord. No. 2256-10 § II]
For the purpose of administering and enforcing this chapter,
any duly authorized officer, agent or employee of the Township 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 the lands.
