[1983 Code § 159-1]
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 of effectuate the general purpose of municipal
planning, with the potential to cause a public nuisance.
[1983 Code § 159-2]
This chapter may be cited as the "Soil Mining and Removal Ordinance
of the Borough of Pompton Lakes."
[New; 1983 Code § 159-3]
As used in this chapter:
APPLICANT
A developer or excavator as defined herein below.
CLEAN FILL
Soils that contain contaminants that are below Category III
soil limits as established as the action level by the New Jersey Department
of Environmental Protection or soils that are defined and interpreted
as "clean fill" by the New Jersey Department of Environmental Protection,
whichever establishes a lower limit for any contaminant; provided,
however, that no fill shall be considered "clean fill" which contains
any contaminants above the receiving site's background level.
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in soil mining as defined
by this chapter.
EXCAVATOR
Any person who shall move or remove soil as said term is
hereinafter defined in this section.
LOT
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 Borough or in
the Office of the Register of Deeds, Passaic County.
MINE
To move soil or minerals.
MOVE
To dig, to excavate, to remove, to deposit, to place, to
fill, to grade, regrade, level to 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.
OWNER
Any person seized 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.
PERSON
Any individual, firm, association, partnership or cooperation
of any group of two or more of them.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
TOPSOIL
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 and meets NJDOT Standard
specifications for topsoil.
TREE
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.
WOODED AREA
An area of the property which is the subject of a soil mining
permit application, said area consisting of at least 100 square feet,
the surface of which is vegetated so as to form a visual screen.
[1983 Code § 159-10]
The Planning Board 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,
which shall be made within 45 days after completion of the public
hearing, unless said time shall be extended with the approval of the
applicant.
[1983 Code § 159-11]
In considering any application, the Borough Engineer or the
Planning Board shall be guided by the general purpose of municipal
planning and shall take into consideration the following:
A. Soil erosion by water and wind.
D. Lateral support of abutting streets and lands.
E. Public health and safety.
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.
M. The effect the proposed activities will have on surface and subsurface
drainage.
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.
R. Compatibility with the zoning scheme of the Borough.
S. The effect of the use of blasting in the operation on adjoining properties,
public utilities (gas, water, telephone, electric and CATV) and transmission
lines and the general public.
T. Methods in ingress and egress to and from site.
[1983 Code § 159-13]
The major soil mining permit shall set forth all of the conditions
under which the same was granted and the time during which said soil
removal shall be completed.
[1983 Code § 159-15]
In the event that the guaranty required by the Planning Board is not furnished within 30 days from said resolution referred to in Section
25-15A, or in the event that said work is not commenced within said time, the applicant or owner shall not have the right to remove any soil, and said major soil mining permit shall be revoked.
[1983 Code § 159-16]
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 mining permit, then the Borough Engineer
may so certify in writing to the Planning Board, and the Planning
Board may declare a default and notify the person having an interest
in, or in charge, to discontinue the project. The Planning Board may,
at its option, revoke the major soil mining permit or may call upon
the surety on the performance guaranty to complete the project.
[1983 Code § 159-18]
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 said topsoil within the
boundary lines of said lot.
[1983 Code § 159-19]
All ingress and egress to the site shall be by means designated
in the application and permit. All soil which is to be moved from
one location to another within the site shall be moved entirely within
the site itself, and public streets shall not be used for that purpose
without specific approval by the Planning Board.
[1983 Code § 159-20]
There shall be no major soil mining operations, including but
not limited to loading or unloading, on Sundays, legal holidays or
Saturdays after 12:00 noon nor at any time between the hours of 4:00
p.m. and 8:00 a.m. following, prevailing time.
[1983 Code § 159-21]
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 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 Section
25-8B 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.
[New; 1983 Code § 159-23]
If the soil mining is to be conducted in part by blasting, no
person, owner, developer or excavator shall conduct any blasting activities
unless:
A. The person holding the permit issued pursuant to this chapter has
complied with all regulations of the State of New Jersey, the Uniform
Fire Code and the Uniform Construction Code.
B. A licensed blaster is present at the site to supervise the blasting
activities.
C. The name and license number of the licensed blaster is registered
with the Chief of Police.
D. A preblast survey has been conducted and reviewed by the Borough
Engineer of the area likely to be affected by blasting activities
not less than 1,500 feet from the blasting area. A copy of the preblast
survey shall be filed with the Municipal Clerk prior to the commencement
of any work and shall be available for public inspection as a public
record.
E. All blast material is confined to the permit site.
F. The person holding the permit shall notify the Chief of Police and
the Borough Engineer at least 24 hours prior to any blasting of the
time and location of proposed blasting.
G. A preblast signal and warning to occupants of premises within 1,500
feet of blast area must be given by the contractor. The method of
warning must be approved by the Planning Board and the Chief of Police.
H. Special care shall be taken to protect public utility (water, gas,
electric and CATV) transmission lines. The contractor shall determine
each utility affected and shall notify each utility of the blasting
activity so that adequate preparations can be made by the utility
in case of damage.
[1983 Code § 159-24]
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.
[1983 Code § 159-25]
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 said major soil mining permit to be covered with a canvas or similar top covering so as to permit the contents or any part thereof on said 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
25-33A. In addition, the Planning Board 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.
[New; 1983 Code § 159-26]
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 stated in the resolution granting approval
thereof. All runoff from the watering of roads must meet NJDEP requirements
for discharge into waterways.
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.
[1983 Code § 159-27]
In the event that an off-site structure is damaged as a result
of the soil mining operations, the holder of the soil mining permit
shall make immediate temporary repairs to protect the structure. The
holder of said soil mining permit shall, within a reasonable time
after the damage has been caused, make permanent repairs to any structure
damaged as a result of the soil mining operations.
[1983 Code § 159-28; New]
For the purpose of administering and enforcing this chapter,
any member of the Planning Board and any authorized officer, agent
or employee of the Borough including the Borough Engineer 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.
[1983 Code § 159-29]
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 or the Borough Administrator
or other officer so designated by resolution of the Planning Board,
inspect the premises for which permits have been granted and ensure
compliance with the terms of the major soil mining permit and of this
chapter.
[1983 Code § 159-30]
The Planning Board shall have the right on due notice given
to the holder of the permit to suspend or revoke the soil mining permit
in the event that the holder refuses or neglects to diligently comply
with the terms and conditions of the permit, the terms and conditions
of this Soil Mining and Soil Removal Chapter of the Borough of Pompton
Lakes or the lawful orders issued by the Borough Engineer in accordance
with the provisions of this chapter or the soil mining permit.
[1983 Code § 159-30.1]
The issuance of a permit pursuant to this chapter shall not
relieve any person from having to obtain any other permits that may
be required in the Borough or any other federal, state, County or
local agency, nor shall it be construed as granting permission to
fill or alter floodplain areas, riparian lands or freshwater wetlands
or impair surface water runoff conditions.