[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
According to the Soil Conservation Service, United States Department
of Agriculture, soils with a slope of 15% or greater invariably involve
severe limitations to development, including but not limited to building
and road construction and septic effluent disposal. Moreover, it is
found that the removal of vegetation and disturbance of soils on steep
slopes by excavation and fill will increase runoff and result in soil
erosion and siltation, with the resultant pollution of streams, as
well as the potential danger of flooding and water drainage, thereby
having the potential of endangering public and private life; that
this condition is aggravated by soil disturbance, construction and
development on these slopes, which create an additional hazard to
the lives and property of those dwelling on the slopes below them;
and that the most appropriate method of alleviating such conditions
is through the regulation of such vegetation and soil disturbances,
construction and development. It is therefore determined that the
special and paramount public interest in these slopes justifies the
regulation of property located thereon as provided below, which is
the exercise of the police power of the Borough for the protection
of persons and property of its inhabitants and for the preservation
of the public health, safety and general welfare.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
As used in this section:
Shall mean any slope having a grade of 15% or more, identified
as D, E and F slopes on the soils maps or identified as having a grade
in excess of 15% by detailed site specific topographic surveys. Such
slopes include, but without limitations, soils designated as Hibernia
very stony loam (HID), Holyoke-Rock outcrop complex (HrE), Parker
very gravelly sand loam (PbD), Parker-Edneyville extremely stony sandy
loams (PeD), Rockaway extremely stony sandy loam (RrD), Rockaway-Rock
outcrop complex (RvD) (RsE) (RsF) and Parker-Rock outcrop complex
(PIE).
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
Conforming uses permitted on lots containing restricted slope
areas, provided that no building or structure, including swimming
pools, vehicular facilities, including roads, drives and parking areas,
on-lot sewage disposal facilities or substantial nonagricultural displacement
of soil is located within the restricted slope area herein defined,
and provided that any such use is permitted in the zone in which the
premises are located.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
a.
Base site area shall be defined as that land area not of a restricted
slope area nature that must be provided within the building envelope
of each lot and which contains, as a minimum, the following:
1.
Minimum area for house and related facilities, exclusive of septic
system and reserve septic area, shall be contiguous square feet not
of a restricted slope area nature; and
2.
Minimum area for septic system and reserve septic area shall be contiguous
square feet not of a restricted slope area nature. The area set forth
in this subsection is not required to be contiguous to the area set
forth in paragraph a1 above, but must be on the same lot.
b.
For the purpose of this section, "building envelope" shall be defined
to mean that portion of a lot which remains after all front, rear
and side yard setback requirements as set forth in the zoning regulations
have been established.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
Where the minimum or actual front yard setbacks contain areas
of a restricted slope area nature, driveways serving single-family
residences shall be permitted to be constructed and cross the minimum
or actual setbacks, provided that all applicable driveway development
standards are met and the driveways are constructed as follows:
a.
Driveways, serving single-family residences shall be constructed
so that there is a grade of 2% starting at the curbline and running
for a distance of not less than 12 feet. There shall be a standing
area in front of the garage, a minimum of 25 feet in length, with
a grade not to exceed 5%. That portion of the driveway connecting
to the standing area of the garage and the 2% grade from the curbline
shall be constructed with smooth transitional curves and shall not
exceed a grade of 15%. In the foregoing, where the driveway on a particular
lot is to be constructed two or more feet below the grade of the terrain
on either side of the driveway, the driveway shall be a minimum of
16 feet in width in order to allow for the storage of plowed snow
during inclement weather. All driveway surface, whether paved or unpaved,
within restricted slope areas shall be considered to be impervious
surfaces and shall be so included in the hydraulic calculations for
the design of stormwater management drainage facilities.
b.
No grading or sloping disturbance to construct any residential driveway
shall exceed 35 feet in width.
c.
Driveways serving multiunit or townhouse residences shall be constructed
so that there shall be a maximum grade of 12% maximum for lengths
of 50 feet and 10% for longer lengths.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
a.
Where an applicant demonstrates through certified topographic maps,
scale one inch equals two hundred feet (1" = 200') with contours
at two feet, and such proof is confirmed through on-site inspection
by the Borough Engineer, that a property is misclassified and is not
in a restricted slope area, then the Construction Official may grant
an exception and proceed to process a construction application. The
information or proof shall show that the lot has within it sufficient
land not of a restricted slope area nature to equal the required base
site area and that the lot equals at least the required lot size in
the zone. The portion of the lot that qualifies as a restricted slope
area shall be so classified and not utilized unless a waiver is granted.
b.
Exceptions from the restricted slope area regulations shall proceed
pursuant to N.J.S.A. 40:55D-51. In considering such requests for exceptions,
the Board may refer requests to the Borough Engineer, the Environmental
Commission and the Board of Health for recommendations. Such recommendations
shall be made within 30 days after receipt of referral. Where applicable,
in accordance with the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1),
the Zoning Board of Adjustment may act in place of the Planning Board.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
If any subsection, sentence, clause or phrase of this section
is, for any reason, held to be unconstitutional or invalid by any
court of competent jurisdiction, such decision shall not affect the
remaining portion of this section.
a.
Procedures and fees under the within section shall all be in accordance with the sections relating to procedures and fees in the stormwater management regulations. (Revised General Ordinances of the Borough of Bloomingdale Chapter 31A)
b.
Slope information is to be coordinated with the stormwater management
application, if applicable. In the event that a person proposes an
activity with respect to a tract of land to which the stormwater management
regulations applies and which contains slope to which the slope area
regulations apply, then, and in that event, all reports and documents
submitted under the stormwater management regulations shall be amplified
to include discussion and evaluation of slopes pursuant to this section.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
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.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018; Ord. No.
19-2018]
As used in this section:
Shall mean a developer or excavator as defined below.
Shall mean uncontaminated inert solid such as rock, soil,
gravel, concrete, glass and/or clay or ceramic products. Clean fill
shall not contain debris or solid waste, and does not contain free
liquids. The material can be "soil" or "non-soil".
Shall mean any person who, either directly or through an
agent or independent contractor, engages or intends to engage in soil
moving as defined by this section.
Shall mean any person who shall move or remove soil as the
term is hereinafter 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,
or either, 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 a permit for the moving of more than 100 cubic
yards and less than 500 cubic yards of soil.
Shall mean to dig, to excavate, to remove, to deposit, to
place, to fill, to grade, regrade, level or otherwise alter or change
the location or contour, 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 material that does not meet the definition of
a "soil". An example of non-soil material includes, but is not limited
to, Class B recyclables.
Shall mean any person seized in fee simple of any lot or
having such other interest or estate therein as will permit, exercise
or effect 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.
Shall refer to the ability of a soil to sustain agricultural
plant growth, i.e. to provide plant habitat and result in sustained
and consistent yields of high quality.
A fertile soil has the following properties: the ability
to supply essential plant nutrients and soil water in adequate amounts
and proportions for plant growth and reproduction; and the absence
of toxic substances which may inhibit plant growth.
The following properties contribute to soil fertility in
most situations: sufficient soil depth for adequate root growth and
water retention; good internal drainage, allowing sufficient aeration
for optimal root growth (although some plants, such as rice, tolerate
waterlogging); topsoil with sufficient soil organic matter for healthy
soil structure and moisture retention; soil pH in the range of 5.5
to 7.0 (suitable for most plants but some prefer or tolerate more
acid or alkaline conditions); adequate concentrations of essential
plant nutrients in plant-available forms; presence of a range of microorganisms
that support plant growth.
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 eight inches when measured
four feet above the level of the existing grade.
Shall mean an area of the property which is the subject of
a soil moving permit application, the area consisting of at least
100 square feet, the surface of which is vegetated so as to form a
visual screen.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018; Ord. No.
19-2018]
a.
All fill brought into a site within the Borough shall meet NJDEP
Residential Direct Contact Soil Remediation Standards.
b.
The provisions of this section, 32-2 Soil Moving, shall not apply
to the following, except for 32-2.3a. Exceptions to the provisions
of this section shall require the approval of the Construction Official
upon submission of a topographical map of the area of disturbance:
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 Borough
Health Department.
2.
The movement of less than 100 cubic yards of soil or 400 square feet
of disturbed area, whichever amount is less.
3.
Site plans or subdivisions approved by the Board.
4.
Lake dredging, where approval is required by the Soil Conservation
District, and New Jersey Department of Environmental Protection or
any other governmental agency.
5.
The change in elevation is no more than two feet at any point.
6.
Foundations, swimming pools and septics where the area of disturbance
has a grade of 10% or less.
7.
An area of disturbance with a grade of 10% or less that does not
transition to a grade of greater than 10%.
c.
The Mayor and Council may, by resolution, waive any or all of the
requirements of this section if the soil moving operation is proposed
to take place upon lands dedicated to the conservation, development
and regulation of potable water resources, upon the written request
by the owner or applicant. Such written request shall state the exact
purpose of the soil moving operation, location, commencement and completion
dates and proposed routes of transportation of soil moving vehicles
and equipment to be used in the Borough.
d.
If approval by either the Soil Conservation Service of the State
of New Jersey Department of Environmental Protection or any other
governmental agency is required, such approval shall be required as
a condition of approval of the soil moving permit application, and
no soil moving permit shall be issued until same has been obtained.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
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 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 moving permit, except as provided
herein.
c.
The soil moving permit shall not be assignable or transferable.
d.
Specific attention is made to excavation upon or within lands. Dredging
excavation or clearing of such an area is within the scope of this
section and a soil moving permit is required.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
All applications for the issuance of major soil permits are hereby required to be submitted to the Board, which Board shall refer the application to the Board Engineer before considering such applications and make its report recommending the issuance or denial of such permit. No major soil permit approval shall be granted until the Board has submitted to the Mayor and Council, within the time period specified in subsection 32-2.9, its report and recommendations, or the Board has forfeited such right to review by its failure to do so within the time period specified.
b.
All applications for minor soil permits are hereby referred to the Construction Official, and shall be approved, conditionally approved or denied by the Construction Official. The applicant shall have the right to appeal the decision of the Construction Official to the Mayor and Council 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 Municipal Clerk and shall include a copy of such conditional approval or denial and all information made available to the Construction Official, upon which his decision was made. The Mayor and Council shall, within 30 days of receipt of the appeal, either affirm, modify or reverse the decision of the Construction Official and shall notify the applicant within seven days of such decision. In all other respects, the hearing of appeals pursuant to this section shall be held in accordance with subsection 32-2.9.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
Application for major and minor soil moving permits shall be made
on forms prescribed and supplied by the Mayor and Council. 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.
The proposed date of completion of the work, including hours and
days of operation.
8.
The name and address of the excavator, contractor or the person having
express charge, supervision and control of the proposed excavation
work.
9.
The name and address of the person to have charge or control of the
operation of the hauling away of the excavation material.
10.
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.
11.
The routes over which the material will be transported and the method
of traffic control.
12.
The method of abating noise and dust in the operation.
13.
The means of assuring lateral support and preventing erosion, floods
and washing of silt into streams.
14.
The means of protecting downstream properties from the effects of
the operation.
b.
Accompanying the application for major and minor soil moving permit
shall be eight copies of a topographical map at a scale of not less
than one inch equals fifty (1" = 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 land surveyor or 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 moving activities, including trees and wooded
areas therein.
8.
Such other pertinent data as the Mayor and Council may hereafter
by resolution require.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 22-2016; Ord.
No. 2-2018; Ord. No. 19-2018]
a.
Prior to the commencement of operations, a permit fee shall be paid
to the Borough calculated in accordance with the following schedule:
1.
More than 100 cubic yards and less than 500 cubic yards of soil to
be removed, the fee shall be $50, payable at the time of application.
2.
Above 500 cubic yards and up to 300,000 cubic yards, the fee shall
be $125 plus the sum of five ($0.05) cents per cubic yard for quantities
in excess of 2,500 cubic yards up to and including 300,000 cubic yards.
The sum of $125 must be paid at the time of application with the remaining
fees paid prior to issuance of permit, or quarterly in advance if
greater than $800.
3.
For all quantities in excess of 300,000 cubic yards, the fee shall
be $15,000 per year. The sum of $2,500 must be paid at the time of
application with the remaining fees paid annually in advance, due
on the anniversary date of the permit.
4.
All quarrying and/or soil and soil removal operations which exists
on any portion of any property within the Borough, shall file an annual
license application along with the submission of a fee in the amount
of $1,666 per acre of land for the premises on which quarrying activities
occur during any portion of a calendar year. The license application
and corresponding fee shall be submitted to the Borough Clerk by February
1st on an annual basis. The Borough shall review the license application
and be authorized to approve same so long as the license applicant
complies with all Federal, State and local regulations including the
payment of the annual licensing fee. This shall not apply to non-quarrying
activities such as residential development.
|
The license application fee of $1,666 per acre shall increase
by 3% for each year thereafter the adoption of this paragraph 4. The
annual fee shall not be more than $400,000, plus the accumulated annual
increase, for each operation.
|
|
For 2016, the license fee shall be in effect for the fourth
quarter from October 1, 2016 through December 31, 2016 and the annual
fee shall be prorated.
|
b.
The major and minor soil moving application shall be submitted to
the Construction Official with a topographical map and required escrow
fee of $500. The number of cubic yards of soil to be used in the compilation
of the fee shall be as stated in the application and on the accompanying
topographical map.
c.
Resubmission of Application; When Required. Where substantial changes
in the soil moving permit application have been required as a condition
of approval the applicant may be required to resubmit an application
with approved amendments to the Construction Office. The Borough Engineer
shall review the resubmission with the terms and conditions of approval.
The fee to be paid by the applicant for a resubmission shall be $500
per resubmission.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
Within 45 days after receipt of the application or within such further
time as may be consented to by the applicant, the Board shall review
and consider the same and render its report and recommendations to
the Mayor and Council. Notice of the time and place for major soil
permit shall be given by certified mail to the applicant.
b.
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 Board. The applicant shall provide notice,
by personal service or mail, within five days of the date, 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 Board at the time of the hearing.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
The Board shall deliver its report and recommendations to the Mayor and Council at the next regular meeting of the Council following the expiration of the time period specified in subsection 32-2.9. The Mayor and Council, within 45 days after receipt of the report and recommendations of the Board, shall grant, conditionally grant or deny the application for major soil permit. The aforesaid shall be decided by resolution of the Mayor and Council.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
Notice of the time and place of the Mayor and Council's
consideration of the applicant for major soil permit and report and
recommendations of the Board shall be given by certified mail to the
applicant.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
In considering any application, the Borough Engineer or the
Board and the Mayor and Council 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 drainage.
c.
Soil fertility.
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.
Whether the proposed work will create a nuisance.
i.
Whether the proposed work is necessary in connection with the development
of the property.
j.
Traffic congestion or other nuisances.
k.
The effect that the proposed removal of soil would have on individual
sanitary sewage disposal systems.
l.
The preservation of existing watercourses.
m.
The creation of sharp declivities, pits or depressions.
n.
Whether the proposed removal of soil constitutes a commercial activity.
o.
Such other factors as may bear or relate to the coordinated, adjusted
and harmonious physical development of the Borough.
p.
Compatibility with the zoning scheme of the Borough.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
No major soil permit shall be issued and no soil moving shall commence
unless and until the applicant shall have posted with the Municipal
Clerk a performance guaranty in form and with surety acceptable to
the Borough, in an amount determined by resolution of the Mayor and
Council. Such guaranty shall be posted, in favor of the Municipality,
with the Municipal Clerk and shall assure faithful performance by
the principal, within the time period specified in the major soil
permit, that all proposed soil moving shall take place in accordance
with the permit and all applicable Borough and other governmental
approvals. Acceptable forms of surety shall include cash, certificate
of deposit or other form approved by the Mayor and Council and shall
be provided in the amount determined by resolution of the Mayor and
Council in conformity with the provisions of paragraph b below.
b.
Any performance guaranty required pursuant to paragraph a above shall
be based upon an estimate prepared by the Borough Engineer, at the
request of the Mayor and Council. The amount of the performance guaranty
shall be in the amount required to restore all disturbed areas to
a revegetated state, to restore interrupted drainage patterns and
to generally provide moneys to repair that damage which has been caused
by development which is not consistent with approvals therefor.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
The major soil moving permit shall set forth all of the conditions
under which the same was granted and the time during which the soil
removal shall be completed.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
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 Mayor and Council authorizing the Municipal Clerk to issue
the major soil moving 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,
certifying the amount of material removed during such three month
period, which certification shall be accompanied by a profile map
and other engineering data in support of the certification.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
In the event that the guaranty required by the Mayor and Council is not furnished within 30 days from the resolution referred to in subsection 32-2.16a or in the event that the work is not commenced within the time, the applicant or owner shall not have the right to remove any soil and the major soil moving permit shall be revoked.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
In the event that 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 moving permit, or there is a willful violation
of any of the terms of the major soil moving permit, then the Borough
Engineer may so certify in writing to the Mayor and Council, and the
Mayor and Council may declare a default and notify the person having
an interest in or in charge to discontinue the project. The Mayor
and Council may, at its option, revoke the major soil moving permit
or may call upon the surety on the performance guaranty to complete
the project.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
In the event that the enforcing official determines that the amount
of materials removed or filled exceeds the gross amount permitted
to be removed or filled under the major soil moving 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 except that
if rock is removed, it may be replaced by clean soil. 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 that such excess material is not restored or removed, the Borough,
at its option, shall restore or remove such material and the cost
or expense shall be a lien upon the premises from which the excess
is taken or placed, and the lien shall be enforced in the same manner
that liens for nonpayment of real estate taxes are enforced.
b.
In the event that the amount of material removed or filled is in
excess of the amount of material permitted, the major soil moving
permit will be revoked except to permit the applicant to restore or
remove the excess material.
c.
In the event that the amount of material removed or filled is more than as stated in the certification referred to in subsection 32-2.16b and the owner or applicant has not removed or restored all the yardage permitted under the major soil moving permit, the permit shall be suspended until the owner or applicant pays to the Borough the amount it is entitled under the terms of subsection 32-2.8.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
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.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
There shall be no major soil moving 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. following, prevailing time. Exceptions to the hours of operation
shall only be allowed for State D.O.T. contracts. The owner must notify
the Municipal Clerk of the existence of a State contract. Operations
shall not be permitted for more than one 24-hour period per week.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
Where major soil moving is permitted under this section, no person, owner, developer or excavator shall remove to any part beyond the boundary lines of the lot any topsoil whatsoever, 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 32-2.7b over the entire disturbed area of the lot, excepting only such portions 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.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
Where major soil moving is permitted, no developer or excavator shall,
at any time in the course of the work, excavate or fill more than
six inches below the proposed final grades as shown, unless:
1.
The major soil permit specifies otherwise and the performance guaranty, referred to in subsection 32-2.14, makes specific provision for replacement, on or before the 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 32-2.7b; or
2.
After issuance of the major soil permit, the developer or excavator,
before digging or excavating below the minimum level shall apply to
the Mayor and Council for an amendment to the application and topographical
map then in effect, which amendment may be granted upon such terms
and conditions as the Mayor and Council deem necessary to assure adherence
to the purposes and objectives of this section.
b.
Where the major soil moving is permitted, no person, owner, developer
or excavator shall deposit soil upon, fill in or raise grade of any
lot without first making provision for:
1.
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.
2.
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 so that
the final grade or grades of the replaced topsoil shall be in accordance
with the proposed final grade shown on the topographical map referred
to in 32-2.7b.,2. In the event that such provision shall be not 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, 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.
3.
The preservation of existing watercourses.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
In order to prevent erosion, any developer or excavator removing
soil shall leave 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 Mayor and
Council. Where trees are removed or die, a sufficient number of new
trees of evergreen species shall be planted around the perimeter of
the excavated area to equal or exceed the number of trees that existed
prior to the start of work. The tree count shall be based on trees
two inches in diameter or greater measured at four feet above the
ground. Replacement trees shall be a minimum of one and one-half (1 1/2)
inches in diameter. Specific species selection shall be submitted
to the Borough Engineer for approval.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
In order to prevent spillage, undue dust and dirt conditions,
the holder of the major soil moving permit or his agents and servants
shall be required to compel every vehicle transporting fill, dirt
or other material under the major soil moving 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 or using such covering in the
course of transporting material within the Borough shall be subject
to the penalty provisions of 32-2.31a. In addition, the Mayor and
Council 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 the same being
covered.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
a.
In order to prevent undue dust conditions, the holder of the major
soil moving 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 Mayor and Council, and stated in the resolution granting approval.
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 Mayor and Council shall have the right, on due notice given to
the permittee, to suspend or revoke the major soil moving permit in
the event that the holder refuses or neglects to diligently execute
the aforementioned orders of the Borough Engineer to prevent the undue
disseminating of dirt and dust.
d.
Where applicable, the holder of a soil moving permit shall obtain
other local, State or Federal agency permits. These shall include,
but not be limited to:
e.
If use of explosives is anticipated or required, approval in accordance
with law shall be obtained. A copy of the approval shall be posted
with the Borough. Prior to the use of any such devices, the Borough
Police Department shall be notified 24 hours in advance.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
For the purpose of administering and enforcing this section,
the Enforcing Officer or designated assistant shall have the right
to enter into and upon any lands in or upon which major soil moving
operations are being conducted, to examine and inspect such lands.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
The Construction Code Official is hereby designated as the officer
whose duty it shall be to enforce the provisions of this section.
He shall, whenever directed by the Mayor and Council or the Municipal
Clerk or other officer so designated by resolution of the Mayor and
Council, inspect the premises for which permits have been granted
and ensure compliance with the terms of the major soil moving permit
and of this section.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
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 of this section
for revocation or suspension of the major soil moving 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.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
This section is subject to the provision of N.J.S.A. 40:55D-26b.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1; Ord. No. 2-2018]
No permit shall extend for a longer period than five years.
Any work not completed in accordance with the permit and in accordance
with the time limit set in the permit shall not be completed unless
and until a new permit is applied for and issued in accordance with
the terms of this section.
[Ord. No. 13-2005; Ord. No. 34-2013 § 1]
In furtherance of the purposes set forth in Chapter 12, Low and Moderate Income Housing, of the Revised General Ordinances of the Borough of Bloomingdale, structures to be built pursuant to Chapter 12 shall not be built on slopes greater than 15%. However, in order to allow some flexibility in location of the units, a portion of the structure (less than 10%) is allowed to be constructed on a slope of 25%. In reviewing an application for development involving parcels of land subject to Chapter 12 of the Revised General Ordinances of the Borough of Bloomingdale, the Planning Board shall be mindful of the fact that the principal objective of Chapter 12 is to generate the number of units and commensurate the number of affordable set-aside units so as to meet the affordable housing obligations of the Borough as defined in the substantive certification. Accordingly, the Planning Board may, in reviewing the application, permit the departures from the standards from any development regulation of the Borough which is applicable. If such departures are required in order to permit the densities provided for in Chapter 12, the Planning Board shall grant such departures, subject to the procedures and the standards contained in subsection 12-2.8. Such departures shall not be deemed to constitute a need for a bulk variance and shall be considered by the Board as part of the site plan or subdivision application. It is again emphasized that in considering any request for a departure, the Planning Board shall consider not only the need to generate the requisite number of units on the site in order to comply with the substantive certification, but also appropriate planning and environmental criteria. If a request is made for a particular departure and the same number of units on the site could nonetheless be constructed without the requested departure, the Board shall not permit the departure so long as the other alternative, which would be complying with the bulk standards of Chapter 12 is not significantly cost-generative in relationship to the overall cost of the entire project.
