[1985 Code § 25-1.2]
This chapter may be cited as "The Soil Mining Regulations of the Borough of Ringwood".
[1985 Code § 25-1.1]
The Borough Council finds and determines that the unregulated relocation, filling, excavation and removal of soil or minerals on a large scale has resulted in conditions detrimental to the public safety, health and welfare, substantially hampering and deterring the efforts of the Borough to effectuate the general purpose of municipal planning.
[1985 Code § 25-1.3]
As used in this chapter:
Shall mean a developer or excavator as defined hereinbelow.
Shall mean any person who, either directly or through an agent or independent contractor, engages in or intends to engage in soil mining as defined by this chapter.
Shall mean any person who shall move or remove soil as the term is defined in this section.
Shall mean any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, in the office of the Assessor of the Borough or in the office of the Register of Deeds, Passaic County.
Shall mean a permit for the moving of 500 cubic yards or more of soil.
Shall mean to move soil or minerals.
Shall mean a permit for the moving of less than 500 cubic yards of soil.
Shall mean to dig, excavate, remove, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour; or to transport, or to supply. Move shall not be construed to include plowing, spading, cultivation, harrowing or discing of soil, or any other operation usually and ordinarily associated with the preparation of soil for agricultural or horticultural purposes.
Shall mean any person who holds legal right of ownership in fee simple of any lot, or having such other interest or estate therein as will permit exercise or effective possession thereof or dominion thereover.
Shall mean any individual, firm, association, partnership or corporation or any group of two or more of them.
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% or more, by weight, of organic matter and has the ability to support vegetation.
Shall mean any woody perennial plant with one main trunk, such trunk having a diameter of at least four inches when measured 4 1/2 feet above the ground.
Shall mean an area of the property which is the subject of a soil mining permit application, the area consisting of at least 100 square feet, the surface of which is vegetated so as to form a visual screen.
[1985 Code § 25-1.4]
a.
Exceptions. The provisions of this chapter shall not apply to the following:
1.
Excavations for the construction or repair of individual subsurface sewage disposal systems (septic systems) when such construction or repair is performed pursuant to a permit duly issued by the Ringwood Borough Health Department.
2.
New construction or additions pertaining to one- and two-family homes and related accessory structures, which is subject to the approval and issuance of a permit therefor by the Borough Building Department.
3.
The movement of less than 50 cubic yards of soil or 500 square feet of disturbed area, whichever amount is less.
b.
Waiver of Requirements. The Planning Board may, by resolution, waive any or all of the requirements of this chapter if the soil mining operation is proposed to take place upon lands dedicated to the conservation, development, regulation and use of resources, upon the written request therefor by the owner or applicant. Such written request shall state the exact purpose of the soil mining operation, location thereof, commencement and completion dates and proposed routes of transportation of soil mining vehicles and equipment to be used in the Borough.
c.
State Approvals. If approval by either the Soil Conservation Service of the State of New Jersey or the New Jersey Department of Environmental Protection, or any other governmental agency is required, such approval shall be required as a condition of the approval of the soil mining permit application and no soil mining permit shall be issued until same has been obtained.
d.
Site Plan or Subdivision Approval. The provisions of this chapter shall be enforced in conjunction with the Land Use Ordinances of the Borough of Ringwood, and each soil mining application shall be submitted concurrently with an application for site plan or subdivision approval. No soil mining operation shall take place without the project first having received site plan or subdivision approval.
[1985 Code § 25-1.5]
a.
No person shall remove, move or cause, allow, permit or suffer to be removed or moved, any soil from, in, or upon any land in the Borough unless and until a soil permit therefor shall first have been obtained, except as provided herein.
b.
No owner of any land in the Borough shall cause, allow, permit or suffer any soil from, in or upon such land to be received, removed or moved by any developer or excavator until such developer or excavator shall first have obtained a soil mining permit therefor, except as provided herein.
c.
The soil mining permit shall not be assignable or transferable.
[1985 Code § 25-1.6; Ord. No. 1999-03]
a.
All applications for the issuance of major soil permits are hereby referred to the Planning Board of the Borough, which Board shall consider such applications and make its report recommending the issuance or denial of such permit.
b.
Jurisdiction is conferred upon the Board of Adjustment to hear soil movement applications in the same manner as the Planning Board whenever a soil movement application is ancillary to a land use application within the jurisdiction of the Board of Adjustment.
c.
All applicants for minor soil permits are hereby referred to the Borough Engineer, who shall approve, conditionally approve, or deny the permit within 14 days of receipt of same. In the event that the minor soil permit is approved or denied by the Borough Engineer, the applicant shall have the right to appeal the decision of the Borough Engineer to the Planning Board of the Borough within 21 days of such conditional approval or denial. Such appeal shall be made in writing, sent by certified mail, addressed in care of the Borough Clerk, and shall include a copy of such conditional approval or denial and all information made available to the Borough Engineer, upon which his decision was made. Planning Board shall, within 30 days of receipt of the appeal, either affirm, modify or reverse the decision of the Borough Engineer and shall notify the applicant within seven days of such decision. In all other respects, the hearing of appeal, pursuant to this chapter, shall be held in accordance with subsection 25-5.5.
[1985 Code § 25-1.7; Ord. No. 1999-03]
a.
Application Contents. Applications for major and minor soil mining permits shall be made on forms prescribed and supplied by the Planning Board.[1] The applicant shall set forth under oath, in duplicate, the following:
1.
The name and address of the applicant.
2.
The names and addresses of the owners of the premises.
3.
The relationship between the applicant and the owners.
4.
The interest that the applicant has in the lands in question.
5.
The purpose or reason for moving the soil.
6.
The kind and quantity, in cubic yards, of soil to be removed.
7.
In case of removal, the place to which the soil is to be removed.
8.
The proposed date of completion of the work including hours and days of operation.
9.
The name and address of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work.
10.
The name and address of the person to have charge or control of the operation of the hauling away of the excavated material.
11.
The names and addresses of all persons having an interest in any of the proceeds which may be derived from the sale or disposal of excavated material.
12.
The number, capacity, type and description of each piece of equipment to be used in the operation and the number of truck loads to be removed.
13.
The routes over which the material will be transported and the method of traffic control.
14.
The method of abating noise and dust in the operation.
15.
The number of trees to be removed.
16.
The means of assuring lateral support and preventing erosion, floods, and washing of silt into streams.
17.
The means of protection of downstream properties from the effects of the operation.
b.
Topographical Map. Accompanying the application for a major soil permit shall be eight copies of a topographical map at a scale of not less than one inch equals 50 feet, and showing contour intervals at five feet for grades of 10% or greater, and contour intervals at two feet for grades of less than 10%. The map shall be prepared and certified by a New Jersey licensed engineer and shall show:
1.
The present grades on a 100-foot grid layout.
2.
The proposed grades at the points when the work has been completed.
3.
The quantity, in cubic yards, of soil involved in the work.
4.
The grades of all abutting streets and lots.
5.
Proposed slopes and lateral supports.
6.
Present and proposed surface-water drainage.
7.
All areas within 100 feet of that portion of the property which will be involved in the soil mining activities, including trees and wooded areas.
8.
Such other pertinent data as the Council may hereafter by resolution require.
c.
Imported Soil.
1.
With respect to any importation of soil to a site, the application shall also provide the address and location from which the soil is to be obtained, the owner of the premises from which the soil is being obtained, the kind and quality of soil to be imported. If, in the opinion of the Borough Engineer, this information or a physical examination of the soil shall indicate any reasonable basis therefor, the Borough Engineer may require a testing of the soil to be imported by a soil consultant or environmental consultant prior to any action on the application.
2.
The source of imported fill shall be disclosed.
3.
The Borough Engineer, or designee, is granted authority to require groundwater and soil testing of the site from where soil is being removed or the site to which soil has been imported.
[1985 Code § 25-1.8; Ord. No. 1999-03]
a.
Minor Soil Permit. The application shall be submitted to the Borough Engineer with a $50 filing fee. Resubmissions of minor soil permit applications shall be accompanied by a $25 fee, per resubmission.
b.
Major Soil Permit. The application shall be submitted to the Borough Engineer with a topographical map and a review fee in accordance with the following schedule:
Total Amount of Soil to be Removed (cubic yards) | Total Fee |
|---|---|
500 to 10,000 | $500 |
10,001 to 50,000 | $750 |
50,001 to 100,000 | $1,000 |
100,001 to 200,000 | $1,500 |
200,001 to 300,000 | $2,000 |
300,001 to 500,000 | $2,500 |
500,001 to 1,000,000 | $3,000 |
1,000,001 to 2,000,000 | $3,500 |
$3,500 plus $100 for every 100,000 cubic yards in excess of 2,000,000 cubic yards. |
The number of cubic yards of soil to be used in the computation of the fee shall be stated in the application and on the accompanying topographical map. Resubmission of major soil permit applications shall be accompanied by a $100 fee, per resubmission. |
Prior to commencement of soil removal operations, a fee shall be payable to the Borough, calculated as follows: |
$300 plus a sum computed at the rate of $0.06 per cubic yard multiplied by the number of cubic yards to be moved. |
c.
Escrow Fees. Professional escrow fees can be required.
d.
Resubmissions of Application; When Required. Where substantial changes in the soil mining permit application have been required as a condition of approval, the applicant may be required to resubmit an application with approved amendments to the Borough Engineer. The Borough Engineer shall review the resubmission to determine conformance with the terms and conditions of approval.
[1985 Code § 25-1.9; Ord. No. 1999-03]
a.
Within 45 days after receipt of the major soil permit application, or within such further time as may be consented to by the applicant, the Planning Board and/or Board of Adjustment shall review and consider same and render its decision. Notice of the time and place of the Planning Board's and/or Board of Adjustment's consideration of the application for major soil permit shall be given by certified mail to the applicant.
b.
Required Notice. The applicant shall cause notice of the hearing to be published in the official newspaper of the Borough at least 10 days prior to the date of the hearing by the Planning Board and/or Board of Adjustment. The applicant shall provide notice, by personal service or certified mail, within five days of the date of hearing, to all of the owners of real property located within 200 feet, in all directions, as their names appear on the municipal tax records, of the time, date, location and subject matter of the hearing. The affidavits of publication and service shall be filed with the Planning Board and/or Board of Adjustment at the time of hearing.
c.
Expert Services. The Planning Board and/or Board of Adjustment shall have the right to engage the services of a planning consultant, an engineer, counsel, stenographer and other experts which it, in its discretion, believes necessary to make its decision. The Board, at its option, shall require the applicant to offer his proofs under oath.
[1985 Code § 25-1.10; Ord. No. 1999-03]
The Planning Board and/or Board of Adjustment shall deliver its report and shall grant, conditionally grant, or deny the application for a major soil permit. The aforesaid shall be decided by resolution of the Planning Board and/or Board of Adjustment which shall be made within 45 days after completion of the public hearing, unless the time shall be extended with the approval of the applicant.
[1985 Code § 25-111; Ord. No. 1999-03]
In considering any application, the Borough Engineer or the Planning Board and/or Board of Adjustment shall be guided by the general purpose of municipal planning and shall take into consideration the following:
a.
Soil erosion by water and wind;
b.
Surface water and wind;
c.
Soil facility;
d.
Lateral support of abutting streets and lands;
e.
Public health and safety;
f.
Land values and uses;
g.
The general welfare of the Borough and its citizens;
h.
The unsightliness of the premises after excavation;
i.
The effect of flooding upon the premises in question;
j.
Whether the proposed work will create a nuisance;
k.
Whether the proposed work is necessary in connection with the development of the property;
l.
Traffic congestion;
m.
The effect that the proposed removal of soil would have on individual sanitary sewage-disposal systems;
n.
The preservation of existing watercourses;
o.
The creation of sharp declivities, pits or depressions;
p.
Whether the proposed removal of soil constitutes a commercial activity;
q.
Such other factors as may bear or relate to the coordinated, adjusted and harmonious physical development of the Borough; and
r.
Compatibility with the zoning scheme of the Borough.
[1985 Code § 25-1.12; Ord. No. 1999-03]
a.
Performance Guarantee Required. No major soil permit shall be issued, and no soil mining shall commence unless and until the applicant therefor shall have posted with the Borough Clerk a performance guarantee, in form and with surety acceptable to the Borough, in an amount determined by resolution of the Planning Board and/or Board of Adjustment. Such guarantee shall be posted in favor of the Borough, with the Borough Clerk, and shall assure faithful performance by the principal, within the time period specified in the major soil permit, and that all proposed soil mining shall take place in accordance with the permit and all applicable Borough and other governmental approvals. Acceptable forms of surety shall include cash or other form approved by the Planning Board and/or Board of Adjustment and shall be provided in the amount determined by resolution of the Borough Council in conformity with the provisions of paragraph b below.
b.
Amount of Guarantee. Any performance guarantee required pursuant to paragraph a above shall be based upon an estimate prepared by the Borough Engineer, at the request of the Planning Board and/or Board of Adjustment. The amount of the performance guarantee shall be in the amount required to restore all disturbed areas to a revegetated state, to restore interrupted drainage patterns, and to generally provide monies to repair that damage which has been caused by development which is not consistent with approvals therefor.
c.
Exception to Requirements. In the event that a final site plan or subdivision approval is subject to a posting of a performance guarantee, no major soil mining performance guarantee shall be required by the Planning Board and/or Board of Adjustment as a condition of major soil permit approval.
[1985 Code § 25-1.13]
The major soil mining permit shall set forth all of the conditions under which same was granted and the time during which soil removal shall be completed.
[1985 Code § 25-1.14; Ord. No. 1999-03]
a.
In the event that major soil removal is permitted, the applicant and owner shall proceed with the work within 30 days after the resolution of the Planning Board and/or Board of Adjustment authorizing the Borough Clerk to issue the major soil mining permit.
b.
The applicant or owner shall, within 30 days from each three-month period following the date of the permit, furnish the Borough Engineer a certification, in writing, by a duly authorized licensed engineer of the State of New Jersey, certifying the amount of material removed during such three-month period. Certification shall be accompanied by a profile map and other engineering data in support of the certification.
[1985 Code § 25-1.15; Ord. No. 1999-03]
In the event that the guarantee required by the Planning Board and/or Board of Adjustment is not furnished within 30 days from the resolution referred to in subsection 25-5.10a, or in the event that the work is not commenced within that time, the applicant or owner shall not have the right to remove any soil and the major soil mining permit shall be revoked.
[1985 Code § 25-1.16; Ord. No. 1999-03]
If, in the opinion of the Borough Engineer, the project or any part thereof has been abandoned, is unnecessarily delayed or cannot be completed at the rate of progress or within the time specified in the major soil mining permit, or there is a willful violation of any of the terms of the major soil mining permit, the Borough Engineer may so certify in writing to the Planning Board and/or Board of Adjustment, and the Planning Board and/or Board of Adjustment may declare a default and notify the person having an interest in, or in charge, to discontinue the project. The Planning Board and/or Board of Adjustment may, at its option, revoke the major soil mining permit or may call upon the surety on the performance guarantee to complete the project.
[1985 Code § 25-1.17]
a.
Restoration of Site. In the event the Borough Engineer determines that the amount of materials removed or filled exceeds the gross amount permitted to be removed or filled under the major soil mining permit, the applicant or owner shall immediately restore to, or remove from, the site under the direction of the Engineer, the amount of material taken or filled in excess of the amount permitted to be removed or filled. The materials to be restored or removed shall be of the same type and quantity as the material removed or filled. The cost of restoring or removing such material shall be borne by the applicant or the owner. In the event such excess material is not restored or removed, the Borough, at its option, shall restore or remove such material at the cost and expense of the applicant or owner, which cost or expense shall be a lien upon the premises from which the excess is taken or placed. The lien shall be enforced in the same manner that liens for nonpayment of real estate taxes are enforced.
b.
Revocation of Permit. In the event that the amount of material removed or filled is in excess of the amount of material permitted, the major soil mining permit shall be revoked except to permit the applicant to restore or remove the excess material.
c.
Suspension of Permit. In the event that the amount of material removed or filled is more than as stated in the certification referred to in subsection 25-5.10b and the owner or applicant has not removed or restored all the yardage permitted under the major soil mining permit, the permit shall be suspended until the owner or applicant pays to the Borough the amount to which it is entitled under the terms of subsection 25-5.4 hereof.
[1985 Code § 25-1.18]
If, pursuant to a major soil permit, any person, owner, developer or excavator removes topsoil within any lot, or adds fill to any lot, provisions shall be made for the storage of the topsoil within the boundary lines of the lot.
[1985 Code § 25-1.19]
There shall be no major soil mining operations, which term shall include loading or unloading, on Sundays, legal holidays, or Saturdays after 12:00 noon, nor at any time between the hours of 5:00 p.m. and 8:00 a.m., prevailing time.
[1985 Code § 25-1.20]
Where major soil mining is permitted under this chapter, no person, owner, developer or excavator shall remove to any part beyond the boundary lines of the lot any topsoil unless and until topsoil not inferior in quality to that which has been 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 referred to in subsection 25-5.3 over the entire disturbed area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of such topographical map, permanently covered by a building or structure, street, pavement, curb, sidewalk 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.
[1985 Code § 25-1.21; Ord. No. 1999-03]
Where major soil mining is permitted, 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, unless:
a.
The major soil permit specifies otherwise and the performance guarantee referred to in subsection 25-5.8 makes specific provision for replacement, on or before completion date set forth in the soil permit, of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map referred to in subsection 25-5.3 hereof; or
b.
After issuance of the major soil permit, the developer or excavator, before digging or excavating below the minimum level, shall apply to the Planning Board and/or Board of Adjustment for an amendment to the application and topographical map then in effect. The amendment may be granted upon such terms and conditions as the Planning Board and/or Board of Adjustment shall deem necessary to assure adherence to the purposes and objective of this chapter.
[1985 Code § 25-1.21]
Where major soil mining is permitted, no person, owner, developer or excavator shall deposit soil upon, fill in, or raise the grade of any lot without first making provisions 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 any abnormal shrinkage or settlement;
b.
The collection and storage upon the lot of the original topsoil so 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 so that the final grade of replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map referred to in subsection 25-5.3;
c.
In the event that such provision shall not be practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil, excepting only such portions thereof as shall 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, 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; and
d.
The preservation of existing watercourses.
[1985 Code § 25-1.22]
In order to prevent erosion, any developer or excavator removing soil shall have as many trees as practicable in all areas except where excavations are made for buildings, driveways, and streets. The application map made by such developer or excavator shall show the trees to be left standing for the consideration of the Planning Board.
[1985 Code § 25-1.23]
In order to prevent spillage, undue dust and dirt conditions, the holder of the major soil mining permit or his agents and servants shall be required to compel every vehicle transporting fill, dirt, or other material under the major soil mining permit to be covered with a canvas or similar top covering so as to prevent the contents or any part thereof on the vehicle from being scattered or spilled while in the course of moving within the Borough. Any person owning or operating a vehicle without having and using such covering in the course of transporting material within the Borough shall be subject to the penalty provisions of Section 25-15. In addition, the Planning Board and/or Board of Adjustment shall have the right, on due notice to the permittee, to suspend or revoke the permit in the event that vehicles are used without such covering or transporting of material is made without same being covered.
[1985 Code § 25-1.24]
a.
In order to prevent undue dust conditions, the holder of the major soil mining permit shall be required to water all roads or streets or areas, whether temporary or not, within the confines of the site where such holder's operations are carried on. The areas to be covered with water and the quantity and number of applications and the periods when such areas shall be covered shall be determined by the Planning Board and/or Board of Adjustment and stated in the resolution granting approval thereof.
b.
In order to prevent undue dust conditions, the areas where actual excavations are being carried out shall be watered in the manner prescribed by the Borough Engineer.
c.
The Planning Board and/or Board of Adjustment shall have the right, on due notice given to the permittee, to suspend or revoke a major soil mining permit in the event that the holder refuses or neglects to diligently execute the aforementioned orders of the Borough Engineer to prevent undue dissemination of dirt and dust.
[1985 Code § 25-1.25]
For the purpose of administering and enforcing this chapter, any member of the Planning Board and/or Board of Adjustment and any authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands in or upon which major soil moving or mining operations are being conducted to examine and inspect such lands.
[1985 Code § 25-1.26]
The Borough Engineer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He shall, whenever directed by the Planning Board and/or Board of Adjustment or the Borough Clerk or other officer so designated by resolution of the Planning Board and/or Board of Adjustment, inspect the premises for which permits have been granted and insure compliance with the terms of the major soil mining permit and of this chapter.
[1985 Code § 25-1.27]
b.
The imposition of the penalty provided in paragraph a of this section shall not be deemed to be in lieu of any other provision in this chapter for revocation or suspension of the major soil mining permit, and shall not constitute a bar to the collection by the Borough from the permittee of the costs of abating or correcting the violation.