[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 9-27-1973 by Ord. No. 346 as Ch. 75 of the 1973 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
Purpose. The purpose of the regulations contained herein is:
To protect the safety and welfare of the public by regulating the amount and means by which soil may be excavated or imported from or to any lands within the Borough of Shrewsbury.
To minimize the potential for erosion of soils as a result of any excavation, importing, or other movement of soils within the Borough of Shrewsbury.
Definitions. The terms used in this chapter shall be deemed and construed to have the following meanings:
- Any person, firm, corporation or association making a request or appeal under the provisions of any section of this chapter.
- The sum of money deposited by the applicant with the Borough of Shrewsbury to be delivered to the on the fulfillment of conditions pursuant to the provisions of this chapter.
- ESCROW ACCOUNT
- Any fees deposited by an applicant pursuant to the provisions of this chapter and the accounting entries used to keep track of expenditures.
- The digging into or otherwise penetrating the land for ores, metals or other minerals or substances.
- To dig, mine, excavate, remove, relocate, deposit, fill, grade, regrade, level or otherwise alter or change the location or contour of land, soil or subsoil.
- Any person, including corporations, seized in fee simple of any lot or subdivision or having any interest of estate therein which would permit effective possession thereof or dominion thereover.
- PROFESSIONAL REVIEW COSTS
- Costs for attorney, engineer, or other professional or expert retained on behalf of the Borough of Shrewsbury for the purpose of review, analysis, inspection, or preparation of documents, charged to and paid by the applicant.
- Any earth, clay, loam, mineral deposit, gravel, stone, sand, dirt or rock without regard to the presence or absence therein of organic matter.
- Soil that, in its natural state, constitutes the top layer of earth and which supports vegetation.
No person shall excavate, import, or otherwise move soil in excess of 10 cubic yards from or to any premises in the Borough of Shrewsbury without first having procured permission from:
The Planning Board or Zoning Board of Adjustment, should soil removal from the premises be ancillary to developments requiring site plan approval and/or subdivision approval under the jurisdiction of the board(s).
The Borough Engineer, should soil removal be necessary in the installation of utilities or drainage facilities or street openings
The excavation or movement of soil in connection with mining or quarry operations is specifically prohibited in the Borough of Shrewsbury, and no permit will be granted for such operations.
The Zoning Officer shall not consider any application to move soil unless and until the applicant shall first file with the Borough Clerk four copies of the application requesting such application, for distribution to the Construction Official, the Borough Attorney, the Borough Engineer and the Chief of Police. The Zoning Officer shall determine whether or not plans and profiles, contour maps and cross sections showing proposed grades resulting from such intended removal or depositing of soil and existing and proposed drainage facilities are necessary for inspection or approval, and the Zoning Officer shall inform the applicant in writing within 45 days accordingly.
The Planning Board or Zoning Board of Adjustment shall consider requests for the importing or removal of soil concurrently with site plan and/or subdivision applications. The applicant shall only be permitted to obtain a soil removal permit after satisfactorily satisfying all of the terms and conditions of said approval granted by the Planning Board or Zoning Board of Adjustment. A separate soil removal permit application and fee shall be filed with the Borough Clerk for distribution to the Zoning Officer, Borough Engineer, and Chief of Police in accordance with the requirements of this chapter; however, no additional review of grading or drainage shall be required, nor shall separate review or inspection escrow deposits be required.
The Borough Engineer shall not consider any application to move soil due to the installation of utilities or drainage facilities or street openings unless and until four copies of the application have been filed with the Borough Clerk, along with required application fees and escrow deposits, by the applicant for such permission, for distribution to the Borough Engineer, the Borough Attorney, Zoning Officer, and the Chief of Police. The Borough Engineer shall determine whether or not plans and profiles, contour maps, and cross sections showing existing and proposed grades resulting from such intended removal or depositing of soil and existing and proposed drainage facilities are necessary for inspection or approval, and the Borough Engineer shall inform the applicant in writing within 45 days accordingly.
In addition to the filing of the aforementioned plans and profiles, contour maps and cross sections, the applicant shall also file a written application setting forth the following data:
Name and address of the applicant and his interest.
Name and address of the owner of the land.
Lot and block number of the land as shown on the current assessment map of the Borough of Shrewsbury, along with the physical street address of the site of work.
Reason(s) for the movement of the soil.
Quantity of soil to be moved in cubic yards, indicating amount of topsoil and other soil types to be imported or removed from the site.
Location to which soil is to be moved or imported from.
Dates of commencement and completion of the movement of the soil. The completion date shall not be later than one year from the approval of application.
The hours during which it is proposed the removal of soil shall take place.
The route or routes over which it is proposed to move said soil.
Such other pertinent data as the Planning Board, the Zoning Board of Adjustment, the Borough Engineer, the Zoning Officer, and/or the Construction Official may deem reasonable and necessary.
A stormwater management report prepared by a professional engineer licensed in the state of New Jersey, identifying existing and proposed peak rates and volumes of runoff for the two-, ten- and one-hundred-year storm event, drainage areas of the site, and outlining any impacts to adjacent lands as a result of soil movement. The report shall identify mitigations required to attenuate postdeveloped peak rates of runoff to the predeveloped levels.
Upon receipt of the data provided for in § 206-3 of this chapter, or required as part of the site plan or subdivision application materials, an opportunity to be heard shall be granted the applicant within 45 days thereafter. The Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer, in considering and reviewing the application and arriving at its or his decision, shall be governed by the municipal planning, public health and safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Surface water drainage, and impacts upon adjacent lands.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Such other factors as may bear upon or relate to the coordinated physical adjustment of the Borough and to public safety and health and general welfare of the citizens of the Borough of Shrewsbury.
Best use of soil within the Borough of Shrewsbury.
On-site and off-site traffic consideration, along with impacts to Borough roadways.
Safety measures to be implemented during soil movement operations, including grading, installation of utilities, transportation of soils, and all other work ancillary to the soil removal permit.
If, after examining the application and the maps provided for in § 206-3 of this chapter and after the hearing, the Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer shall be of the opinion that the proposed soil movement will not create conditions inimical to the public health, welfare or safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to move the soil shall be granted.
In granting any permit to move soil, the Planning Board, the Borough Engineer or the Zoning Officer reserves the right to fix the hours during which the movement of soils shall take place, as well as the route or routes over which such movement of soil shall take place as recommended by the Chief of Police.
If permission to move the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines and grades as approved by the Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer of the Borough of Shrewsbury.
If permission to move the soil shall be granted, no owner shall take away or cause to be deposited any soil upon his lands without providing for a final layer of topsoil at least six inches in depth to be placed thereon, pursuant to the levels and contour lines approved by the Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer of the Borough of Shrewsbury.
Before any permit to move soil shall be granted or issued, the owner or applicant shall file with the Mayor and Council of the Borough of Shrewsbury a bond by a surety company authorized to transact business in the State of new Jersey, or, in lieu thereof, cash at the option of the applicant in such amount as, in the opinion of the Mayor and Council of the Borough of Shrewsbury on recommendation of the Borough Engineer, shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer under and by virtue of the provision of this chapter to indemnify the Borough for damages resulting from any failure to comply with the provision of this chapter.
Each applicant, upon filing a request with the Planning Board or Zoning Board of Adjustment for permission to move soil, shall deposit with the Borough of Shrewsbury the sum of $50 for administrative costs. All engineering review and inspection costs shall be deemed part of the actual site plan or subdivision review and inspection escrow deposits.
At the time of filing of an application for a soil removal permit, where said permit does not require a site plan or subdivision review by the Planning Board or Zoning Board of Adjustment, in addition to the administrative fees required above, a cash escrow deposit shall be provided for the purposes of an engineering review of the application, pursuant to the following schedule:
Soil removal permits limited to the installation of utility conduits or appurtenances, where no alteration of existing topography is proposed: $250.
Soil removal permit applications ancillary to the construction or alteration of a residential use, where the existing topography is to be altered: $750, plus an additional $250 for each subsequent submission of revised plans or other application materials.
Soil removal permit applications for purposes other than those enumerated above: $500, plus an additional $250 for each subsequent submission of revised plans or other application materials.
Upon certification by the Borough Engineer that the soil movement has been completed in accordance with the approved application, any balances remaining in the escrow account shall be refunded to the applicant along with a final accounting.
The performance bond provided for in § 206-7 of this chapter shall not be discharged until the Engineer shall certify to the Mayor and Council of the Borough of Shrewsbury that the work to be performed by the applicant has been performed in a satisfactory manner and in accordance with the application filed with the Borough of Shrewsbury.
No excavation shall be made and no soil shall be removed or deposited under the provision of this chapter unless a permit therefor shall have been first obtained as proved herein, and no excavation shall be made and no soil shall be removed or deposited except in conformity with the provision of this chapter. The Police Department shall be the enforcing agency in determining whether or not persons conducting soil removal or movement operations regulated herein have obtained permits.
Applicants for permits required by the provision of this chapter shall have the right to appeal to the Mayor and Council for a permit to remove soil from the Borough of Shrewsbury, provided that the applicant has previously submitted his application for review to the Planning Board, the Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer, and has been denied a permit for the sole reason that the applicant has made no provision to move soil to another location within the Borough.
The Mayor and Council shall not consider any application to remove soil from the Borough unless and until the applicant shall first file with the Borough Clerk 10 copies of the application requesting such permission, and citing evidence that all means to retain soil within the Borough have been attempted with negative results. Accompanying the application shall be three sets of plans and profiles, contour maps and cross sections showing proposed contour grades resulting from such intended removal of soil and existing and proposed drainage facilities.
Copies of the application are to be distributed to the Mayor and Council, the Borough Attorney, the Borough Engineer and the Chief of Police. Copies of plans, etc., are for the Borough file and the Borough Engineer and an approved plan bearing the signatures of the Mayor and the Borough Clerk shall be returned to the applicant with the permit.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
Nothing herein contained shall prevent the municipal officials of the Borough of Shrewsbury from bringing injunctive proceedings to restrain removal of topsoil as described in this chapter.