Township of Hillside, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. XIX of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building, housing and property maintenance — See Ch. 121.
Fire prevention — See Ch. 157.
Flood damage prevention — See Ch. 160.
Land use — See Ch. 188.
Sewers — See Ch. 253.
Streets and sidewalks — See Ch. 265.
Swimming pools — See Ch. 269.
The Township Council finds that the uncontrolled and unregulated excavation, filling and removal of soil has resulted and will result in conditions detrimental to the public safety, health and general welfare, deterring substantially the efforts of the Township to promote and effectuate the general purpose of Township planning.
For the purpose of this chapter, the following terms shall have the meanings indicated:
MOVE
To dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land or to transport or supply the same.
REDISTRIBUTION
Any change or alteration in the grade of any property.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979 by Ord. No. G-159-79]
No person shall excavate any soil or change or alter the grade of any property within the Township without having first obtained permission from the Planning Board and a permit from the Construction Official. This section shall not apply to the excavation of soil for use on the premises from which it is taken, provided that this does not involve any substantial change in the topography of the premises or the excavation of soil in connection with the construction or alteration of the basement or foundation of a building.
[Amended 7-1-1975 by Ord. No. G-73-75]
Applications shall be made to the Planning Board and shall be accompanied by the following:
A. 
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
B. 
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map.
C. 
The proposed dates for the commencement and completion of the work.
D. 
Name and address of the owner of the land.
E. 
Lot and block numbers of the lands as shown on the current Tax Map of the Township.
F. 
Reason for removing the soil.
G. 
Type and quantity of soil to be removed.
H. 
Location to which soil is to be removed.
I. 
Such other pertinent data as the Planning Board may deem necessary.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979 by Ord. No. G-159-79]
A. 
In considering the application, the Planning Board shall be guided by the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Any other factor which is relevant to the coordinated, adjusted and harmonious development of the Township.
B. 
If, after considering the above factors, the Planning Board determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the Township or its inhabitants, the Planning Board shall approve the application and authorize the Construction Official to issue the permit; otherwise, the Planning Board shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within 30 days after the application is filed.
No soil removal permit shall be issued until a fee of $25 has been paid by the applicant to the Township, together with a charge of $0.01 per cubic yard for each cubic yard of soil removed.
The removal of lawn sod shall be permitted on the condition that the owner or lessee of the land from which the lawn sod is removed shall, within two months, replace any soil which has been removed with the sod.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979 by Ord. No. G-159-79]
Before the permit is issued, the applicant shall file with the Construction Official a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the Planning Board but in no event shall be less than $1,000 and shall be conditioned as follows:
A. 
That the permittee will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the date of completion set forth in the application.
B. 
That the applicant will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.
Soil removal or redistribution conducted under a permit issued under this chapter shall be in accordance with the following regulations:
A. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
B. 
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
C. 
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 removed.
D. 
All of the work described in this chapter shall be performed between the hours of 8:00 a.m. and 8:00 p.m. on any working day.
E. 
Adequate measures shall be taken to prevent erosion or the depositing of soil on surrounding lands, streets or Township facilities.
Nothing in this chapter shall be construed so as to prevent the Township from taking injunctive proceedings to restrain removal of top soil as described in this chapter.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979 by Ord. No. G-159-79]
It shall be the duty of the Construction Official, with the assistance of the Township Engineer, to enforce the provisions of this chapter when necessary.