[1982 Code § 148-1; Ord. #378]
As used in this chapter:
Shall mean the Borough of Tinton Falls, Monmouth County,
New Jersey.
Shall mean the Council of the Borough of Tinton Falls.
Shall mean and include any activity involving the clearing,
excavation, storing, land grading or any other activity which causes
soil to be exposed to the damage of erosion.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean and include grading, fill or transportation of
soil or any other similar activity.
Shall mean and include any person seized in fee simple of
any lands or any interest in lands, and also includes any contract
purchaser or person exercising effective possession or control of
any lands or premises for which a permit is required under the terms
of this chapter.
Shall mean a soil removal, soil disturbance and land grading
permit issued pursuant to this chapter.
Shall mean and include any individual, firm, association,
partnership, corporation or any other legal entity or any group of
two or more of them.
Shall mean and include the entire lot or parcel of land as
shown and defined as such on the Tax Map of the Borough of Tinton
Falls, or any portion thereof.
Shall mean and include dirt, stone, gravel, sand, humus,
clay, loam, rock and mixtures of any of these.
Shall mean and include digging, mining, excavating, removing,
relocating, depositing, filling, grading, regrading, leveling or other
activity which alters or changes the location or contour of the land.
Shall mean and include arable soil that, in its natural state,
constitutes the top layer of earth and which supports vegetation.
[1982 Code § 148-2; Ord. #378]
No person shall proceed with any soil removal, soil disturbance
or land grading for use other than on the premises from which the
soil shall be removed or disturbed, except in connection with construction
or alteration of a building upon such premises for which a building
permit has been issued, without first having obtained a permit therefor
pursuant to this chapter. A permit issued hereunder shall be conspicuously
posted and displayed at the entrance to the premises involved.
[1982 Code § 148-3; Ord. #378]
b.
Where site plan or subdivision approval is required, the Planning
Board and/or Zoning Board of Adjustment shall consider as part of
the application all matters dealing with the removal of soil, the
disturbance of soil and grading of land in connection with the carrying
out of the project for which application has been made.
[1982 Code § 148-4; Ord. #378]
Any person desiring to apply for a permit pursuant to the terms
of this chapter shall make application on forms provided by the Borough.
The application shall include the following:
a.
The name and address of the owner or owners of the premises involved
and the name and address of the applicant, if different from the owner.
b.
The signature of the owner and the signature of any contractor who
will be performing any part of the work.
c.
The tax block and lot number of the premises involved.
d.
A description of the work to be done on the premises involved, including
a description of the equipment to be used for any processing of the
soil which will take place.
e.
The name and address of the person who will be in charge of the work.
f.
The number of cubic yards of soil to be removed pursuant to the permit.
g.
The routes to and from the premises involved over which the transportation
of any removed soil shall take place.
h.
A map or plan of the entire premises involved, which shall include:
1.
Existing topographical contour lines of the premises involved and
abutting lands and roads.
2.
The proposed topographical contour grades which will result after
the intended soil removal and disturbance has been completed.
3.
The location of any streams, floodplain areas or ponds, lakes or
other bodies of water within 1,000 feet of the premises involved.
4.
The area to be disturbed shown in sections of not more than three
acres and numbered consecutively indicating the order of sections
to be disturbed and graded.
5.
Location of borings, which shall extend not less than four feet below
the proposed finished grade and which shall include the soil description
and water table so found. Not less than three borings per acre shall
be made. The Borough Engineer may require additional borings if, in
his opinion, the conditions warrant that additional data are required.
6.
The period for which the permit is sought, together with the proposed
timetable covering the entire period and when all work will be completed.
[1982 Code § 148-5; Ord. #378]
Each application shall be accompanied by payment of a minimum
of $25 per acre, plus $75 for each 1,000 cubic yards or part thereof
of soil to be removed or disturbed pursuant to the permit. The application
fee shall be used by the Borough to cover the cost of examining the
application, holding hearings, processing the application and inspection
to determine compliance with the conditions of the permit. In the
event an application is denied, the fee deposited within the Borough
shall be returned less the amount deducted by the Borough for engineering
and legal fees incurred by the Borough in connection with the processing
of the application.
[1982 Code § 148-6; Ord. #378]
The application and required fee shall be filed with the Borough
Clerk and the application shall forthwith be referred to the Borough
Engineer for review, investigation, report and recommendations. The
Borough Engineer shall make a report to the governing body concerning
the application within 30 days of receipt of the application, indicating
specifically whether the proposed work under the terms of the permit
will result in any sharp declivities, pits or depressions, soil erosion,
sediment, drainage or sewerage problems or any dangerous conditions
upon the premises involved or upon any other adjoining or nearby premises.
In addition, the report shall make recommendations with respect to
the issuance of the permit and any conditions under which the permit
may be issued. These recommendations and conditions shall include
the following:
a.
Areas of the premises involved, if any, where no soil removal or
disturbance should be permitted because of adverse effects upon adjoining
or nearby properties or roads.
b.
Changes, if any, in contours or slopes.
c.
Maximum areas which may be disturbed during any time period.
d.
The total amount of the performance bond, including cash bond and
bond with surety, to be required by the Borough to guarantee proper
operation under the terms of the permit and proper completion of land
grading and restoration of the premises involved.
e.
Capacity of public roads to be used for access to and from the premises
involved to withstand damage from use by trucks and other equipment.
f.
Total quantities of soil and topsoil to be removed and disturbed
as a result of the issuance of the permit.
g.
Any other recommended considerations or conditions to protect the
public welfare and private property affected by the operation pursuant
to the permit issued as a result of the application.
[1982 Code § 148-7; Ord. #378]
Upon receipt of the application for permit and the Borough Engineer's
report, the Planning Board shall schedule a hearing upon the application.
All persons who are owners of property located within 500 feet of
any property line of the premises involved shall be given notice of
the date, time and place of the hearing by personal service or by
certified mail, return receipt requested. The Planning Board shall
arrange for the application and the Borough Engineer's report
to become a part of the record of the hearing and shall take testimony
and consider all evidence submitted to it at the hearing. The hearing
may be adjourned from time to time, and upon completion of the hearing
or hearings, the Planning Board shall, within 30 days, grant or deny
the permit. Any permit granted which shall include conditions shall
be strictly followed by the person to whom the permit is issued.
[1982 Code § 148-8; Ord. #378]
Prior to the issuance of any permit and before work proceeds
pursuant to the permit, the application shall be filed with the Borough
Clerk. Applicant shall also submit and maintain a performance bond
in form provided by the Borough. The performance bond may be partly
in cash deposited with the Borough and by surety. The performance
bond shall be in such amount and for such period of time as may be
determined by the Planning Board and shall be sufficient to guarantee
and ensure the faithful performance of all work to be undertaken pursuant
to the permit.
[1982 Code § 148-9; Ord. #378]
All work shall be accomplished pursuant to the terms of the
permit as issued and, in addition, the following regulations shall
be strictly adhered to:
a.
The removal of any topsoil from the premises involved is expressly
prohibited. All topsoil on the premises involved shall be temporarily
stored on the premises inside a fenced area during operations, and
after grading is completed, the topsoil shall be respread on the premises
to a depth of not less than six inches.
b.
Not more than three acres shall be disturbed at any one time.
c.
All trees, stumps and brush shall be removed from the premises involved
and not buried on the premises.
d.
Immediately upon completion of the respreading of the topsoil, the
entire area shall be reseeded with grass seed or other cover crop
as described in the permit.
e.
No excavation shall be permitted below the grade of any adjoining
road.
f.
Soil removed or disturbed shall not be deposited or in any way thrown
or placed upon adjoining property or roads.
g.
All operations shall be conducted in strict accordance with Federal
and State laws, other ordinances of the Borough and pursuant to the
terms of the permit as granted.
h.
All operations shall be conducted so as not to constitute a public
or private nuisance or create any dangerous conditions.
i.
No slopes created by any operation shall exceed one to one during
the course of construction. Slopes remaining at the completion of
the work shall be limited by the type of permanent vegetative cover
and the ability to maintain the surface. Maximum final slope shall
not exceed one-foot vertical per two feet horizontal. In active gravel
pits or borrow pits, only the working face may have a slope exceeding
one foot vertical per two feet horizontal. The working face slope
shall not exceed one to one.
j.
Hours of operation shall be limited to the following: 7:00 a.m. to
6:00 p.m. (prevailing time), Monday through Saturday. No hours of
operation shall be permitted on Sunday.
k.
Failure by a permittee to comply with the provisions of this chapter
or of a permit issued pursuant hereto shall be grounds for the immediate
revocation and withdrawal of the permit by the Borough and shall constitute
reasons for the denial of any future permit to the permitted on the
same premises or any other premises.
[1982 Code § 148-10; Ord. #378]
a.
Each operation shall be subject to inspection by the Borough Engineer
at least once in each month and a written report of each inspection
shall be submitted to the governing body. The person to whom the permit
has been issued shall reimburse the Borough for the cost of any reinspection
required because of violations found in the course of regular inspections.
b.
Acceptance of the permit, when granted, shall constitute the granting
of right of entry to Borough officials for the purpose of making inspections
of the work.
[1982 Code § 148-11; Ord. #378]
After reasonable notice and an opportunity to be heard, the
permit issued to any person may be revoked or suspended as the governing
body may determine for any violation of the terms of this chapter
or the terms or conditions of any permit granted hereunder.
[1982 Code § 148-12; Ord. #378; New]
In addition to action on the performance bond, forfeiture of cash bond or the revocation of a permit as provided for herein, any person who violates this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues shall be considered as a separate and distinct violation.
