[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as
Ch. XVII of the 1988 Code; amended in its entirety 3-19-2013 by Ord. No.
1562. Subsequent amendments noted where applicable.]
No person, firm or corporation shall do, cause or allow any
of the following actions to occur on any land in the Borough, unless
and until a soil permit shall first have been issued by the Borough
Engineer:
A.
The addition, removal or movement of more than 100 cubic yards of
soil from or on any lot or a change in its contour of greater than
six inches.
B.
The moving of any soil on a lot where the activity results in a change
in the lot contours which result in a change in the drainage characteristics
of the lot to the extent that there is increased or decreased runoff
to any abutting properties or private or public roads.
No owner of any land in the Borough shall permit any of the actions described in § 404-1 to occur upon his property until the owner of the land has first obtained a soil moving permit.
[Amended 11-20-2018 by Ord. No. 1762; 12-17-2019 by Ord. No. 1810]
A.
Any person, firm or corporation desiring to engage in any activities
for which a permit is required shall, before commencing work, file
a written application on a form furnished by the Borough for a permit
therefor, with the Borough Engineer, which application shall contain
the following data:
(1)
Present contour lines and contour grades of the lots and lands.
(2)
Proposed contour lines and proposed contour grades resulting from
the addition, removal or moving of soil on the lots and lands and
in relation to the adjoining properties.
(3)
Grades of all abutting streets, lots and lands to the extent it is
required by the Borough Engineer.
(4)
Where soil is to be removed and stored on lands within the Borough
the applicant shall indicate the precise location where the soil shall
be stored, the present contour lines and contour grades of the property
on which this soil shall be stored and the total cubic yards intended
to be stored and the length of time of storage, and any and all plans
for soil erosion control when requested by the Borough Engineer.
(5)
If the applicant, in connection with the permit, seeks to remove
trees, the application shall contain the name and address of the tree
service, the reasons for the removal, and a sketch of the property
which shall include the location, size and species of trees proposed
for removal, and such further information as may be required by the
Construction Official or Tree Specialist.
B.
The Borough Engineer may waive or omit any of the requirements set
forth herein.
No fill other than soil shall be permitted without the express
authorization of the Borough Engineer. Stone, boulders, debris, stumps
or similar materials are not permitted without the Borough Engineer's
authorization. Where soil is being imported into the Borough, the
applicant shall provide to the Engineer a certification that the soil
is free from any toxic waste, radioactive materials or other materials
that would present health hazards or are prohibited from discharge
into the soil by the Department of Environmental Protection. The applicant
shall further state the precise location from which the soil is being
imported and, where required by the Engineer, shall provide any requested
analysis of the soil.
If activities which would require a soil moving permit are part
of a development application before the Planning Board or Board of
Adjustment, then the Planning Board or Board of Adjustment shall review
the activities as part of its development application process, in
accordance with the requirements of this chapter.
In considering and reviewing the application and in issuing
or denying the permit, the Borough Engineer shall be guided by the
general purpose of municipal planning 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, lots 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 Borough.
H.
Water table.
I.
Streams, ponds, lakes and watercourses.
J.
Preservation and removal of trees.
The applicant shall be required to comply with the requirements of Borough Code § 300-150 pertaining to tree preservation and removal. In addition to the requirements of said section, for new construction only, if trees are removed from the area because of installation of a septic tank or field, then replacement trees shall be required in accordance with Subsection D of § 300-150, unless otherwise permitted by Subsection B(2) of § 300-150. For purposes of this section, "new construction" shall mean the construction of a new home or an addition to an existing home.
[Amended 4-19-2016 by Ord. No. 1670]
A.
Before any permit shall be issued, the applicant shall file with
the Mayor and Council of the Borough any performance bond required
by the Borough Engineer, with satisfactory surety, the amount to be
set by the Borough Engineer. The bond shall be conditioned upon full
and faithful performance by the principal, within the time specified
in the application, of all the proposed work as set forth in the application
and such additional work which may be found necessary by the Borough
Engineer.
B.
The bond shall be conditioned upon the repair, at the expense of
the owner or applicant, of any street or streets, curbs, or property
damaged as a result of soil movement or construction conducted on
the property identified in the application. The extent of the repairs
required shall be determined in the sole reasonable judgment of the
Borough Engineer.
C.
The term "expense," as used in this section, shall include the cost
of supervision incurred by the Borough Engineer in connection with
such repairs.
D.
The applicant, when submitting said bond, shall provide the name
of a contact and an address. The applicant, upon completion of the
work, shall submit a request for refund or release of the bond to
the Borough Engineer. Once the Borough Engineer approves the work,
the bond shall be released.
E.
In the event that after a period of more than 24 months a request
for the release of the bond has not been received by the Borough,
and the Borough Engineer has determined that all of the work has been
completed, the Borough shall provide a notice to the applicant at
the address provided advising the applicant that the bond can be released
upon receipt of an appropriate request.
F.
In the event there is no response from the applicant within 30 days
after the Borough has mailed a notice to the applicant as described
above to the address provided, the Borough shall transfer any monies
held in escrow to the Borough to be utilized for repairs and the paving
of streets.
The owner of the premises or the person in charge of the moving
of soil, when permission has been duly granted, shall not take away
the top layer of arable soil for a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
retention on the premises and shall be respread over the premises
when the rest of the soil has been removed, pursuant to levels and
contour lines approved by the Engineer.
[Amended 3-15-2016 by Ord. No. 1658]
A.
In the moving of soil, when permission has been duly 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, upon completion, the area shall be properly leveled off, cleared
of debris and graded and seeded to conform with the contour lines
and grades as approved by the Borough Engineer.
B.
All streets within the Borough shall be thoroughly cleaned each day
of any spillage or soil on such traveled ways resulting from soil
movement, project-related erosion and/or truck operations, at the
applicant's expense. "Clean" shall be defined as broom clean.
Cleaning operations shall be completed prior to 5:00 p.m. on each
day. Street cleaning operations shall not consist of washing, brooming
or blowing soil into gutters, roadside ditches or swales, inlets or
inlet filters, and any such washing, brooming or blowing shall be
deemed a violation of this chapter.
C.
Track-driven earthmoving equipment shall not be unloaded onto or
driven upon any street on which a bituminous intermediate course or
a bituminous surface course has been placed. The use of timber mats
is required when such equipment is driven over the subject courses.
If such track-driven equipment traverses bituminous pavement and leaves
marks thereon, the Borough Engineer shall require the applicant to
remove and replace the area of pavement so damaged, or in his or her
discretion to deposit funds equal in value to the estimated cost of
such replacement with the Borough to cover future pavement repairs.
D.
The entire area covered by the work shall be maintained and left
in such a manner, on a daily basis, so as not to create or maintain
a nuisance or condition hazardous to life and limb or to the health
or general welfare of the public.
E.
All excavations left overnight shall be fully encircled with protective
fencing, properly embedded or braced to the satisfaction of the Borough
Engineer.
F.
No operation governed by this chapter shall be permitted on Sunday
or before 6:00 a.m. or after 6:00 p.m.
G.
When a permit for the moving of soil has been granted, the person,
firm or corporation receiving such permit shall keep records as are
necessary to show the quantities of soil moved, removed or added to
land. The records shall be so maintained as to permit inspection and
audit by the Borough Engineer.
The Construction Official, Borough Engineer and Tree Specialist
shall have at all times the right to inspect any property where a
permit has been issued under the provisions of this chapter. In order
to facilitate this right of inspection, the owners of the property
shall cause sufficient grade and boundary stakes to be put in place
while work is going on or about to commence. The Construction Official,
Borough Engineer and Tree Specialist shall also have the right to
inspect the property at any time for the purpose of laying out roads,
drainage or for any other purpose deemed in the best interest of the
Borough.
[Amended 7-21-2015 by Ord. No. 1643]
A.
Fees. The applicant shall pay a fee to the Borough, which shall include
tree preservation and removal review and inspection, as follows:
[Amended 11-20-2018 by Ord. No. 1762]
B.
C.
Additional escrows. In the event that the escrow is insufficient
to cover the cost of the services provided by the engineering professional,
the applicant shall be required to post an additional amount as established
by the Borough, and the certificate of occupancy and all other Borough
approvals shall not be issued until said additional amounts have been
deposited into escrow.
D.
Legal escrows. Where appropriate, the Board Secretary, prior to accepting an application, may require an additional escrow of $500 to cover anticipated legal fees. The Board may, by resolution, establish specific circumstances under which this additional escrow is required. This escrow shall be handled in accordance with § 300-42.1 of the Code of the Borough of Franklin Lakes and N.J.S.A. 40:55B-53.
At any and all times when soil is being removed or deposited
upon a site in the Borough, the soil moving permit shall be in the
possession of the person in charge of the operation on the site. In
the event the soil moving permit is not in possession of the person
and on the site, a summons may be issued, and all work shall cease
immediately.
As used in this chapter, the following terms shall have the
meanings indicated:
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 the
office of the Bergen County Clerk.
To dig; to excavate; to remove; to grade, regrade, level
or otherwise alter or change the location or contour; to transport;
to supply. This term shall not be construed to include plowing, spading,
cultivating, harrowing or discing of soil or any other operation usually
and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any individual, firm, association, partnership or corporation,
or any group of two or more of them, or anyone acting on behalf of
the person.
Any earth, topsoil, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter.
[Added 3-15-2016 by Ord.
No. 1658]
The Borough Engineer shall be the enforcement agent for all soil erosion and sediment control measures not under Bergen County Soil Conservation District jurisdiction and for all soil movement measures not within the scope of the State Soil Erosion and Sediment Control Standards. All engineering fees incurred for enforcement and inspection shall be paid from the applicant's escrow account in accordance with § 404-12.
[Added 3-15-2016 by Ord.
No. 1658]
A.
Any person who shall violate this chapter shall, upon conviction
thereof, pay a fine not exceeding $1,000 or be imprisoned in the county
jail for a term not exceeding 90 days, or both. Each day that a violation
exists shall constitute a separate offense.
B.
The Mayor and Council, Planning Board or Board of Adjustment, in
its discretion, may order any person who shall violates this chapter
to restore the property, as nearly as is reasonably possible, to its
condition immediately prior to the violation at that person's
sole cost and expense. The applicant shall present a plan of restoration
and/or revegetation for approval by the Mayor and Council, Planning
Board or Board of Adjustment within a timeframe established by that
board. Failure to present an acceptable plan of restoration and/or
revegetation within the time period established by the Mayor and Council,
Planning Board or Board of Adjustment shall constitute a violation
of this chapter.
