Township of Belleville, NJ
Essex County
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[Ord. #1415 § 1]
As used in this chapter:
DEVELOPER
Shall mean any person who, either directly or through an agent or independent contractor, engages in land subdivision or in the construction of two or more houses, business or industrial buildings, in any subdivision, for the purpose of sale to or occupancy by another person.
EXCAVATOR
Shall mean any person engaged in the moving, removal or excavation of soil or top soil from, in or upon the land in the Township.
LAND
Shall mean any land in the excess of one acre.
MOVE
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; to supply. Move shall not be construed to include any operation usually and ordinarily associated with the filling of soil for agricultural or horticultural purposes.
OWNER
Shall mean any person seized in fee simple of any land, or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence therein of organic matter.
TOP 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. #1415]
[Ord. #1415 § 2]
No person shall move, or permit to be moved, any soil from, in or upon any land in the Township, nor shall any person cut down any bank of soil anywhere in the Township, until a soil permit is obtained.
[Ord. #1415 § 3]
The application procedure for the issuance of a soil permit shall be as follows:
a. 
On a form supplied by the department of public works the applicant shall set forth in duplicate,
1. 
The identity and address of the applicant.
2. 
The description of the land in question.
3. 
The identity and address of the owner of the land.
4. 
The purpose or reason for moving, removing or filling the soil.
5. 
The kind and quantity, in cubic yards of soil to be removed.
6. 
In the case of removal, the place to which the soil is to be removed and the kind and quantity of soil to be removed.
7. 
The proposed dates of the commencement and completion of the work.
8. 
The type and number of machines or other equipment to be used in the operation and the daily starting and finishing time during which machines are to be operated; what fences, barriers or other structures are to be provided to keep children and others having no business on the land from being thereon.
b. 
Accompanying the application there shall be filed a topographical map prepared and certified by a licensed civil engineer and land surveyor in duplicate showing:
1. 
The present grade on a 100-foot layout.
2. 
The proposed grades at points when the work has been completed.
3. 
The quantity, in cubic yards, of the soil involved in the work.
4. 
The grades of all abutting streets and lands.
5. 
Proposed slopes and lateral supports.
6. 
Present and proposed surface water drainage.
c. 
In addition to the above requirements of paragraphs (a) and (b) of this subsection, the applicant shall furnish such other pertinent data as the director of public works may require after he has had an opportunity to examine the proposed project; including the extent (in cubic yards) of top soil to be removed and whether such topsoil is to be replaced on the site in question or moved to some other location and if so to what other location.
d. 
The application shall be submitted with a permit fee to the order of the Township in the sum of $10. In the event of a refusal of such soil permit as hereinafter provided, one-half of the permit fee shall be returned to the applicant and the other one-half shall be retained by the Township to cover the expense of the investigation of the project prior to the refusal to issue the permit.
[Ord. #1415 § 4]
In considering the application, the Township shall be guided by and shall take into consideration, the following factors:
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. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
[Ord. #1415 § 5]
Permits under this chapter shall be granted by the Township Council.
[Ord. #1415 § 6]
In the event the application for soil removal involves the complete removal of a bank which extends above the elevation of the surrounding lands or the elevation of a public road or a street adjacent to the land or lot upon which such removal shall be conducted in such manner as to leave the final grade of the land or lot from which the bank is to be removed no lower than the grade of surrounding lands or of such public road or street. The final grade shall be established and maintained at a minimum of 1/2 of 1% to insure proper drainage.
[Ord. #1415 § 7]
In the event the application for soil removal involves the partial cutting down of a bank, such project shall be conducted in such manner as to leave all sides of the remaining portion of the bank at a slope of at least 1 1/2 horizontal to one vertical, if the resultant bank is less than 10 feet in height, and at least three horizontal to one vertical, if the resultant bank is 10 feet or more in height.
[Ord. #1415 § 8]
Whenever any owner, developer or excavator shall move topsoil in or upon any land, provision shall be made for the storage of topsoil within the boundary lines of the land. Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the land on or before the completion date set forth in the soil permit, so that the final grade of the replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. No owner, developer or excavator shall remove to any point beyond the boundary lines of the land any topsoil whatsoever, unless topsoil not inferior in quality to that to be removed, is replaced uniformly to a depth of not less than six inches when spread, or not less than four inches when packed or settled, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the land, excepting only such portions thereof as shall be, since the date of filling of the 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 owner, developer, or excavator remove from the land more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.
[Ord. #1415 § 9]
Every soil removal project authorized pursuant to a permit issued in accordance with this chapter shall be conducted in such manner as not to create a condition hazardous to the life or limb of persons who may go upon the property, or to the health, safety or welfare of the Township. All boulders, tree stumps, and other debris shall be removed from the property.
[Ord. #1415 § 10]
Every person who shall transport over the streets, roads or highways of the Township any soil removed from any land or lot pursuant to a soil permit issued in accordance with this chapter shall sweep, pick up and remove or cause to be swept, picked up and removed, all dust, dirt and mud from the roads, streets and highways abutting such land or lot for a distance of 500 feet from the site of the project and for a distance of 500 feet from the point of delivery of such soil, if such point of delivery is located within the Township and shall apply, or cause to be applied, to the streets, for the distance herein specified, a dust preventative whenever the same is necessary or required by the director of public works. In the event of the failure, neglect or refusal of any person to sweep, pick up and remove such dust, dirt or mud, or after notification to do so by any duly authorized agent of the Township, the director of public works is hereby authorized to suspend any soil permit issued to such person for a period of not less than three days or to revoke the same. In the event of revocation, no soil permit shall be issued to such person unless application is again made pursuant to subsection 14-2.2.
[Ord. #1415 § 11]
No soil permit shall be issued unless the applicant therefor posts with the Township a performance bond in form and with surety acceptable to the Township. The bond shall be in such amount as the director of public works shall determine to be reasonable depending upon the nature and extent of the work to be done and conditioned upon the full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with this chapter and the soil permit issued pursuant thereto.
[Ord. #1415 § 12]
For the purpose of administering and enforcing this chapter, any duly authorized agent of the Township shall have the right to enter into and upon which soil moving operations are being conducted, to examine and inspect such lands.