[Ord. No. 07-28 § 1,
1-1]
The Borough Mayor and Council do hereby find and declare that:
a.
Unregulated and uncontrolled disturbance, relocation, filling, excavation
and removal of soil on a large scale by developers and excavators
in and upon lands in the Borough has resulted in conditions detrimental
to the public health, safety and general welfare, substantially hampering
and deterring the efforts of the Borough to effectuate the general
purpose of municipal planning.
b.
Continuation of the unregulated and uncontrolled disturbance, relocation,
filling, excavation and removal of soil will result in serious and
irreparable damage to the public welfare by reason of consequent soil
erosion by water and wind; inadequate and improper surface water drainage;
a decrease in or destruction of the fertility of the soil; removal
of lateral support of abutting streets, lands and premises; creation
of dust storms and places for mosquito breeding; creation of dangerous
depressions or pits; deterioration of property values; rendering of
lands unfit or unsuitable for their most appropriate use; and creation
of other factors and elements hampering and deterring the coordinated,
adjusted and harmonious development of the Borough.
[Ord. No. 07-28 § 1,
1-2]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean an excavator.
Shall mean the cutting of trees, movement of soil, including
plowing, spading, cultivating, harrowing or disking of soil, landscaping
and gardening.
Shall mean any person who moves soil.
Shall mean a permit for the moving of more than 250 cubic
yards of soil on any lot within any 12 consecutive months, or the
cumulative movement of more than 500 cubic yards within three consecutive
years, as required by this chapter.
Shall mean any parcel of land or portion thereof, the boundary
lines of which can be ascertained by reference to the maps or records
in the office of the Borough Tax Assessor or in the office of the
Bergen County Clerk.
Shall mean a permit for the moving soil on any lot within
any 12 consecutive months, that has been classified as a major soil-moving
application by the Soil-Moving Committee and has been approved by
the Planning Board, as required by this chapter.
Shall mean a permit for the moving of less than 250 cubic
yards of soil or the disturbance of greater than 2,000 square feet
of a lot within any 12 consecutive months, as required by this chapter.
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. This term shall not be construed
to include plowing, spading, cultivating, harrowing or disking of
soil or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes, landscaping
and gardening by homeowners or agents of homeowners, provided that
it does not substantially alter existing drainage patterns. For the
purpose of calculating the quantity of soil being moved, the total
soil movement shall be the sum of the total excavated soil and the
soil imported to the lot.
Shall mean any person seized in fee simple of any lot or
having such other interest or estate therein as will permit exercise
of effective possession thereof or dominion thereover.
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter, including any synthetic substance used as a substitute or
in conjunction with soil.
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.
[Ord. No. 07-28 § 1,
1-3]
No person or excavator shall move any soil, or change or alter
the grade of any property, within the Borough without first obtaining
a soil moving permit as hereinafter provided. No construction permit
nor Certificate of Occupancy shall be issued, as the case may be,
until a soil moving permit has been issued.
[Ord. No. 07-28 § 1,
1-4]
The provisions of this chapter shall not apply to the following
operations:
a.
The moving of 25 cubic yards or less of topsoil on any lot within
a twelve-month period.
b.
The moving of soil in connection with the construction or alteration
of the basement or foundation of a building for which a proper building
permit has been issued by the Construction Official of the Borough.
c.
The moving of soil for the installation of underground utility lines,
provided that all necessary permits have been issued.
d.
The moving of soil for farming and gardening by homeowners, provided
it does not substantially alter the drainage patterns of the lot.
[Ord. No. 07-28 § 1,
1-5]
No soil-movement permit shall be issued to any person other
than the owner of the lot, and only if the moving of soil from, in
or upon the lot is necessary for the immediate development of the
property and the normal grading of the lot concerning which the application
is made. No permit shall be issued for longer than one year.
[Ord. No. 07-28 § 1,
1-6]
Anyone engaged in the movement of soil of 250 cubic yards or
less of soil or the disturbance of greater than 2,000 square feet
of a lot within any 12 consecutive months, shall make application
to the Construction Code Official for a permit prior to commencing
operations. The Construction Code Official, upon receipt of a complete
application, shall refer the application to the Borough Engineer who
shall make a field investigation and shall recommend the issuance
of the permit or recommend denial of the permit, giving his reasons
for the denial.
[Ord. No. 07-28 § 1,
1-7]
Anyone engaged in the movement of soil of more than 250 cubic
yards on a lot within 12 consecutive months, or the cumulative movement
of more than 500 cubic yards within three consecutive years, shall
make application to the Construction Code Official for a permit prior
to commencing operations. The Construction Code Official, upon receipt
of the application, shall refer the application to the Borough Engineer.
The application shall be deemed complete by the Borough Engineer and
the complete application shall be reviewed by a Soil-Moving Review
Committee consisting of the Borough Engineer, Construction Code Official,
and a designee of the Planning Board, if so appointed. The Committee
shall make a field investigation and shall recommend the issuance
of the permit, or recommend denial of the permit, giving their reasons
for the denial, or classify the application as a major soil moving
application and refer the application to the Planning Board for a
public hearing and approval by the Planning Board.
[Ord. No. 07-28 § 1,
1-8]
Any soil-moving permit classified by the Soil-Moving Review
Committee as a major soil moving application and referred to the Planning
Board. The Soil-Moving Review Committee may classify an application
as a major soil-moving application because of drainage impacts on
adjoining properties, extensive regrading of the lot, extensive retaining
walls or the scale of the project. A major soil-moving permit shall
be required to be approved by the Planning Board after a public hearing,
with notice being required to be given to all persons as set forth
in N.J.S.A. 40:55D-12. The Planning Board shall fix a date for the
public hearing within 45 days after the receipt of the complete application
as determined by the Borough Engineer. The issuance of the major soil-moving
permit shall be made by the Planning Board.
[Ord. No. 07-28 § 1,
1-9]
The procedure for applying for and issuance of a soil-moving
permit shall be as follows:
a.
Applications for minor soil-moving permits shall be filed with the
Construction Code Official and shall be accompanied by the fee prescribed
in this chapter. Applications shall be made in triplicate on forms
prescribed by the Borough.
b.
Applications for intermediate soil-moving permits shall be filed
with the Construction Code Official and shall be accompanied by the
fee prescribed in this chapter. Five copies of the application form
prescribed by the Borough shall be submitted.
c.
Applications for major soil-moving permits shall be filed with the
Construction Code Official and shall be accompanied by the fee prescribed
in this chapter. Applications shall be made in triplicate on forms
prescribed by the Borough for determination of completeness. Upon
determination by the Borough Engineer that a complete application
has been submitted, the applicant shall submit 15 copies to the Planning
Board for scheduling of a public hearing date.
d.
Form of Application.
1.
The names and address of the applicant.
2.
The names and address of the owner of the property.
3.
The relationship between the applicant and owners.
4.
Name and address of the person having express charge, supervision
and control of the proposed soil moving operation.
5.
The lot, block number and street address of the lot or lots involved.
6.
The purpose or reason for the moving of soil.
7.
The estimated quantity, in cubic yards, and type of soil to be moved
with supporting calculations.
8.
A statement as to how the moving of the soil will affect all trees
with a diameter of six inches or more.
9.
The proposed date of commencement and completion of the work.
10.
A description of equipment to be used in the soil movement operations.
A list of the number and size of trucks and other vehicles.
11.
A listing of the route to be used by the vehicles in the moving and
installing of the soil.
12.
The source, address and town, of the soil moved to the lot. A certification
from a certified laboratory as to the soil suitability or the certification
from an environmental consultant based upon the historical survey
of the source site of the soil suitability.
13.
Proof of liability insurance in such an amount and form as the Planning
Board may require.
14.
Method of abating noise and dust in the soil moving operation.
15.
A statement granting permission to the Borough officials or their
employees to enter the premises and make surveys and inspections as
the work progresses.
16.
Such other pertinent data as the Planning Board may hereinafter reasonably
require.
e.
Topographical Map. Accompanying the application shall be a topographical
map prepared by a licensed professional engineer and a licensed professional
land surveyor. The map shall be prepared at a scale not to exceed
30 feet to the inch. The topographical map shall include the following:
1.
Boundary limits of the entire lot, including metes and bounds information.
2.
Limits of the area to be disturbed or graded for which the permit
is sought.
3.
The present grades at two-foot intervals of the area to be disturbed
or graded and the area 25 feet outside the limits of the area to be
disturbed or graded.
4.
The proposed grades at two-foot intervals of the area to be disturbed
or graded and the area 25 feet outside the limits of the area to be
disturbed or graded, using a designation different than those used
for the present grades.
5.
The present grades at two-foot intervals of all adjacent properties
to a distance of at least 15 feet from the lot in question, including
the location of any structures within such 15 feet if the area to
be disturbed or graded is within 25 feet of the property line.
6.
The location and size of proposed structures, with first floor and
basement elevations of all proposed buildings.
7.
All elevations shall be computed based on United States Coast and
Geodetic Survey datum.
8.
Location of all trees greater than four inches in diameter.
9.
The quantity of soil for which the soil-moving permit is sought,
together with the calculations used to arrive at such determination
of quantity. The quantity shall be calculated by accepted earthmoving
computations, such as the average end area method. The quantity of
soil to be moved shall be certified as accurate by a licensed professional
engineer.
10.
Details of retaining walls and other structures proposed for support
of soil, together with elevations of proposed grade above and below
any retaining wall and at the top of the wall. All retaining walls
must be designed, construction supervised and certified by a licensed
professional engineer.
11.
The plan must clearly delineate soil erosion and sediment control
measures and construction techniques that are to be implemented to
minimize the loss of soil due to erosion.
12.
The plan must provide construction details for the soil erosion and
sediment control measures and construction techniques that are to
be implemented to minimize the loss of soil due to erosion.
13.
A notation as to the method of restoration of disturbed areas. The
method of permanently stabilizing all disturbed areas.
14.
All easements and restrictions of record which may affect the subject
lot or lots.
15.
Existing surface and subsurface drainage conditions and patterns
of the lot and surrounding area.
16.
The presence, absence or location of freshwater wetlands on the lot
or within 150 feet of the area to be disturbed.
17.
Location of a Tenafly stream, as identified in the Borough of Tenafly
Stormwater Management Plan, on the lot or within 300 feet of the area
to be disturbed.
18.
Indicate if the lot is identified as a historic site in the Borough
of Tenafly Master Plan.
[1]
Editor's Note: A copy of the soil-moving permit application
referred to herein may be found as an attachment to this chapter.
[Ord. No. 07-28 § 1,
1-10]
An application for a soil-moving permit shall be reviewed and
considered in the following manner:
a.
Minor Soil-Moving Permit; Issuance. Within 30 days of the receipt
of a completed application, the Borough Construction Official shall
render a determination based upon the recommendation of the Borough
Engineer.
b.
Intermediate Soil-Moving Permit; Issuance. Within 30 days of the
receipt of a completed application, the Borough Soil-Moving Review
Committee shall render a determination on the application; provided,
however that should the Committee refer such application to the Planning
Board, the Planning Board shall have an additional 45 days from the
date of the referral of such application by the Committee to render
its decision on the application.
c.
Major Soil-Moving Permit; Issuance. The Planning Board shall review
and render a determination within 95 days after the submission of
a completed application.
[Ord. No. 07-28 § 1,
1-11]
In the event any person is aggrieved by the action of the Soil
Moving Committee, such person, the applicant may, not later than 30
days after such action, appeal to the Borough Planning Board. The
Borough Planning Board may, by majority vote, sustain, or by 2/3 vote
of its entire membership, overrule the Soil-Moving Committee recommendation.
In the event any person is aggrieved by the action of the Planning
Board, such person, the applicant may, not later than 30 days after
such action, appeal to the Borough Council. The Borough Council may,
by majority vote, sustain, or by 2/3 vote of its entire membership,
overrule the Planning Board's recommendation.
Any proper party may appeal to a court of appropriate jurisdiction
pursuant to applicable law.
[Ord. No. 07-28 § 1,
1-12]
In considering and reviewing applications for minor, intermediate
and major soil-moving permits, the Borough Planning Board and Borough
Engineer shall be guided by the general purposes of municipal planning
and the following standards:
a.
Soil erosion by water and wind.
b.
No soil moving shall be permitted to result in any increase of velocity
or change in direction of surface water runoff without such water
being appropriately managed on site so as to not adversely affect
other properties.
c.
Soil fertility and soil-bearing capacity.
d.
Lateral support of abutting streets and lands.
e.
Public health and safety.
f.
Land values and uses.
g.
The general welfare of the municipality and of the citizens of the
Borough of Tenafly.
h.
The unsightliness of the premises after soil movement.
i.
The effect of flooding upon the premises in question or surrounding
properties.
j.
No soil moving permit shall be issued if the proposed soil-moving
would have any reasonable conceivable detrimental impact upon any
person, surrounding property or the Borough.
k.
In development of land, natural grades should be preserved wherever
possible, and soil moving shall only be permitted when good and sufficient
reason appears for such soil moving.
l.
No soil moving shall be permitted which shall result in the removal
or destruction of trees in violation of the standards established
under the Tree Removal Ordinance of the Borough.[1] In all respects, the applicant shall provide a method
for protection of trees acceptable to the Borough, provide welling
or mounding where appropriate.
m.
All proposed structures shall be situated on the lot so as to require
the least amount of soil moving as is practical.
n.
Whether the proposed removal of soil constitutes a commercial activity.
o.
No slope created by soil moving shall be permitted to exceed a grade
which rises or falls one foot vertically for every four feet horizontally.
p.
Such other factors as may bear upon or relate to the coordinated,
adjusted harmonious physical development of the Borough.
q.
Proposed soil and sedimentation control plan.
[Ord. No. 07-28 § 1,
1-13; Ord. No. 11-15]
a.
Soil-Moving Application Fee.
1.
Minor Soil-Moving Application Fee. $100 plus a fee of $250 for the
Borough Engineer's review. An additional $125 fee must be posted
for each plan revision.
2.
Intermediate Soil-Moving Application Fee. $100 plus $2 per cubic
yard of soil moved, plus a fee of $500 for the Borough Engineer's
review. An additional $125 fee must be posted for each plan revision.
3.
Major Soil-Moving Application Fee. $1,500 plus a minimum escrow deposit
of $1,500 for the review by the Borough Engineer and a minimum escrow
deposit of $1,500 for the Planning Board Attorney.
4.
Soil application fee will not be refundable.
b.
Exemption from Fees. All utility companies, Federal, State and local
authorities, including the Board of Education and charitable organizations,
may be exempt from the requirements of soil application fees and soil-movement
fees at the discretion of the Planning Board.
[Ord. No. 07-28 § 1,
1-14]
a.
A road restoration bond of a minimum of $3,000 must be posted for
soil-moving permits. The purpose of this bond is to cover the cost
of municipal road repairs damaged during the soil-moving operations.
b.
A performance bond shall be posted for all intermediate and major
soil-moving permits. The amount of the performance bond shall be determined
by the Borough Engineer and shall be an amount sufficient to cover
the cost of the property restoration, to cover the cost of permanent
soil erosion control measures if the work is not satisfactorily completed
by the applicant and to cover the costs of Borough review and inspection.
The bond amount shall be estimated by the Borough Engineer.
c.
The Planning Board may request additional bonds for improvements
shown on the soil-moving application or plan, such as, but not limited
to, the following: retaining walls, planting, drainage, erosion, control
damages to hauling route, etc. In ascertaining the rate upon which
to compute the amount of the bond, the Planning Board shall take into
consideration such factors as may bear upon the facility with which
the proposed work may be performed, including, but not limited to,
the type and character of soil; the extent of the area over which
the soil-moving operations are to be conducted; the extent and depth
of the various cuts and fills; the extent to which the area of operations
is wooded; the proximity of the proposed operations to streets, buildings,
structures, natural or artificial streams or watercourses and general
drainage conditions.
d.
An engineering inspection escrow fee of a minimum of $1,000 must
be posted for intermediate and major soil-moving permits. Additional
engineering escrow monies must be posted upon notice of the depletion
of the escrow monies.
e.
Requests for the release of any bonds posted or any unused escrow
fees in accordance with the terms of this section or the resolutions
of the Planning Board shall be accompanied by an affidavit, stating
that the soil-moving operation has been completed in accordance with
the application and all plans, maps and other data filed therewith
and in accordance with all resolutions and conditions therein adopted
by the Planning Board.
[Ord. No. 07-28 § 1,
1-15]
a.
The soil-moving permit shall be in such form as may be prescribed
by the Planning Board. A minor soil-moving permit shall be signed
by the Construction Code Official. An intermediate soil-moving permit
shall be signed by the Borough Engineer. A major soil-moving permit
shall be signed by the Secretary of the Planning Board or the Chairman
of the Planning Board, and it shall contain any special conditions
set forth in the recommendation.
b.
The soil-moving permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one year.
c.
All permits shall automatically expire on the termination date, unless
application for renewal has been made and approved in writing, extending
such permit.
d.
Hours of Operation. There shall be no soil-moving operations which
include loading and unloading at any time between 5:00 p.m. and 8:00
a.m., prevailing time, nor at any time on Saturday, Sunday or legal
holidays as defined by the Borough's current restrictions for
contractors.
e.
No soil-moving permit shall be issued until it is determined that
there are no outstanding taxes or assessments for local improvements
due or delinquent on the property for which the application is made.
[Ord. No. 07-28 § 1,
1-16]
No person to whom a soil-moving permit has been issued shall:
a.
Conduct or maintain on the premises any sand, gravel or similar kind
of pit; any sand- or gravel-washing or -screening machinery or equipment;
any business or industry not permitted in the district in which said
premises are located and classified by the Tenafly Zoning Ordinance,[1] as amended and supplemented; or any endeavor or enterprise
other than the grading or regrading of said premises in accordance
with the provisions of said permit, and, where applicable, the necessary
disposal of soil incidental to said grading or regrading.
b.
Conduct or maintain any soil-moving operations without having first
made adequate provisions by means of water, calcium chloride, or otherwise,
for the prevention of dust incidental to the use of vehicles, machinery
and equipment on the lands described in the soil-moving permit.
c.
Neglect to dispose of, on or before the completion date stated in
the application, any partially or wholly excavated boulders or other
noncombustible debris resulting from the soil-moving operations by
burial or removal and any partially or wholly excavated stumps felled
or uprooted trees or other combustible debris resulting from the soil-moving
operations.
d.
Conduct any soil-moving operations beyond the expiration date as
set forth in the soil-removal permit or extended expiration date as
may duly be granted by the Planning Board.
[Ord. No. 07-28 § 1,
1-17]
Soil-moving conducted in the Borough shall be performed in accordance
with the following regulations:
a.
In all operations for which a permit is required:
1.
Prior to the start of soil-movement operations, the disturbance of
a lot, or construction, the following must be performed:
2.
Lands shall be graded to conform to the approved contour lines and
grades.
3.
Streets, roads and paved surfaces shall be cleaned, at the applicant's
expense, on a daily basis of sediments and debris.
4.
The top layer of soil to a depth of six inches shall not be removed
from the premises, but shall be set aside and respread over the premises
when the remainder of the soil has been moved.
b.
In all operations, whether or not a permit is required:
1.
Prior to the start of soil-movement operations, the disturbance of
a lot, or construction, the following must be performed:
2.
All boulders, tree stumps and other debris shall be removed from
the property.
3.
In dry weather the person conducting such operation shall dampen
the ground where operations are conducted to prevent dust.
4.
No trucks used shall be loaded above the level of the sides of the
truck, to prevent spillage, and all streets shall be cleaned, at the
applicant's expense, each day, of any spillage or soil on such
streets resulting from truck operations.
5.
All truckloads shall be covered with tarpaulin and, if necessary,
treated by water or chemical to prevent flying dust.
6.
No trucks, machinery or any part of the operation shall be conducted
before 8:00 a.m. or after 5:00 p.m. on weekdays nor at any time on
Saturday, Sunday or Federal or State legal holidays.
7.
All vehicles engaged in such operations shall use as routes only
those Borough streets which have been approved by the Planning Board.
8.
The entire area covered by the work shall be maintained and left
in such manner as not to create or maintain a nuisance or condition
hazardous to life and limb or to the health or general welfare of
the inhabitants or the Borough of Tenafly.
9.
All excavation, removal and other mandatory groundcover work, including
restoration of property to final grades and subsequent seeding, must
be completed within one year from the date of the permit.
10.
No more soil shall be removed than is reasonably necessary for the
development and use of the land.
11.
No soil removal shall be allowed which shall cause drainage to adjacent
property or prejudicially affect the values of adjacent properties.
[Ord. No. 07-28 § 1,
1-18]
a.
Whenever any developer or excavator shall move topsoil in or upon
any lot, provision shall be made for the storage of said topsoil within
the boundary lines of said lot.
b.
Except as hereinafter provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot on
or before the completion date set forth in the soil-moving permit,
so that the final grade or grades of said replaced topsoil shall be
in accordance with the proposed final grades shown on the topographical
map.
c.
No developer or excavator shall remove to any point beyond the boundary
lines of the lot any topsoil whatsoever unless and until topsoil not
inferior in quality to that to be removed shall first have been replaced
uniformly to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map, over the
entire surface or area of the lot, excepting only such portions thereof
as shall be or shall have become, since the date of filing of said
topographical map, permanently covered by a building or structure,
street pavement, curb, sidewalk, driveway or other paved area or by
any body of water or waterway. In no event shall the developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil as
aforesaid.
[Ord. No. 07-28 § 1,
1-19]
For the purpose of administering and enforcing this chapter,
any member of the Planning Board, duly authorized agent of the office
of the Borough Engineer and Construction Code Official's office
of the Borough shall have the right to enter into and upon any lands
in or upon which soil-moving operations are being conducted to examine
and inspect such lands. The Construction Code Official is hereby authorized
to issue stop work orders and summonses for any violation of this
chapter as determined by the Construction Code Official or the Borough
Engineer.
[Ord. No. 07-28 § 1,
1-20]
a.
Any person who shall violate the terms or provisions of this section shall, upon conviction thereof, be punished with a minimum fine of $100, up to a maximum penalty as may be permitted by Chapter 1, Section 1-5. Subject to the foregoing minimum and maximum penalties, the presumptive penalty shall be calculated on the basis of $5 per cubic yard of soil moved in violation of this section. A separate violation shall be deemed committed, and a new summons may issue, for each consecutive two-day period during which a violation continues.
b.
The penalties set forth above may, upon a written plea of "guilty,"
be paid and satisfied through the Violations Bureau of the Municipal
Court of the Borough of Tenafly without the requirement of a court
appearance.
c.
All fines and penalties collected pursuant to this section shall
be deposited or credited to the "Borough of Tenafly Tree Replacement
Trust Fund," which shall be administered by the Department of Public
Works.
