[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.]
A.
Purpose. The purpose of the regulations contained herein
is:
(1)
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.
(2)
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.
B.
APPLICANT
ESCROW
ESCROW ACCOUNT
MINING
MOVE
OWNER
PROFESSIONAL REVIEW COSTS
SOIL
TOPSOIL
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.
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.
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.
A.
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:
(1)
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).
(2)
The Borough Engineer, should soil removal be necessary
in the installation of utilities or drainage facilities or street openings
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
Name and address of the applicant and his interest.
(2)
Name and address of the owner of the land.
(3)
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.
(4)
Reason(s) for the movement of the soil.
(5)
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.
(6)
Location to which soil is to be moved or imported from.
(7)
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.
(8)
The hours during which it is proposed the removal of
soil shall take place.
(9)
The route or routes over which it is proposed to move
said soil.
(10)
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.
(11)
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.
A.
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:
(1)
Soil erosion by water and wind.
(2)
Surface water drainage, and impacts upon adjacent lands.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets
and lands.
(5)
Land values and uses.
(6)
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.
(7)
Best use of soil within the Borough of Shrewsbury.
(8)
On-site and off-site traffic consideration, along with
impacts to Borough roadways.
(9)
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.
B.
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.
C.
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.
A.
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.
B.
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:
(1)
Soil removal permits limited to the installation of utility
conduits or appurtenances, where no alteration of existing topography is proposed:
$250.
(2)
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.
(3)
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
