Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River 10-25-2004 by Ord. No. 2004-41. Amendments noted where applicable.]
General penalty — See Ch. 1, Art. I.
Fees — See Ch. 155.
Flood hazard areas — See Ch. 174.
Soil removal — See Ch. 284.
Subdivision of land — See Ch. 295.
Tree removal and woodlands management — See Ch. 319.
The terms used in this chapter shall be deemed and construed to have the same meanings as said definitions located in Chapter 284 of the Code of the Borough of South River. In addition, the following terms shall be deemed and construed to have the following meanings:
The moving or removal of topsoil, soil, rock or mineral substance from, in or upon any land in the Borough.
No owner, developer, excavator or other person shall dig, excavate, scrape or otherwise disturb, add or cause to be added any soil to any property within the Borough of South River without first making an application to the Planning Board which shall hear all applications pertaining to this chapter, except for those applications which are coterminous with an application which statutorily lies within the sole jurisdiction of the Zoning Board of Adjustment. Both the owner and operator of the property shall have the responsibility to remove that portion of soil which was added or changes or alters the grade of the property within 30 days after due notice is given. Any approved soil removal permit shall be issued by the Code Enforcement Officer.
Subsection A shall not apply in the following situations:
For the addition of soil used for ornamental plantings and gardens; provided, however, that said addition does not create an adverse effect or change or impact the existing drainage patterns or flows on said property or adjoining properties or any change in the topography of the premises; or
The addition of soil is not in connection with the construction or alteration of any basement, foundation, structural retaining wall, primary or accessory structures on said property and the addition of said soil does not change the drainage of water or runoff of water on or from said property.
Applications for exemption of the requirements of this chapter shall be made to the Secretary of the appropriate Board who shall forward said exemption request to the Borough Engineer. Upon review, the Borough Engineer shall determine in writing if the exemption is granted or if the applicant must apply for a soil addition permit.
Applications made for the addition of soil shall be made to the South River appropriate Board and notice shall be given of the hearing in accordance with the land use procedures set forth in the South River Borough Code or state statute and the application shall be accompanied by the following items:
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended addition or grading of soil based upon a current survey prepared by a New Jersey licensed professional land surveyor and to be signed and sealed by a New Jersey licensed professional engineer.
The grades resulting from the intended addition to soil or regrading in relation to the topography of the premises demonstrating no adverse impacts to any neighboring properties. This information may be included in the map required by Subsection A.
[Amended 12-6-2004 by Ord. No. 2004-62]
The proposed dates for the commencement and completion of said work.
Any application to the appropriate Board in furtherance of this chapter must be accompanied by a filing fee and escrow fee as provided in Chapter 155, Fees, said escrow fee to be used for professional review of said application.
In considering the application, the appropriate Board shall be guided by the following factors:
Soil erosion by water and wind.
Soil fertility.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Any other factor which is relevant and coordinated, adjusted and harmonious to the development of the Borough of South River.
If, after considering the above factors, the appropriate Board determines that the proposed addition and/or regrading of soil will not be detrimental to the health, safety or welfare of the Borough of South River or its inhabitants, said Board shall approve the application. Otherwise, said 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 a reasonable time after the application is filed.
A permit for the addition of soil shall be issued by the Code Enforcement Officer in conformance with the approvals of the Board.
If the application is denied, the applicant may appeal the decision of the appropriate Board to the Borough Council by filing a notice in writing to that effect with the Borough Clerk within 10 days after receiving notice of the decision of the approving Board of the Borough of South River. The Borough Council shall set a time and place for a hearing and shall so notify the applicant. The decision of the Council rendered after a hearing shall be final.
The Borough Code Enforcement Officer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He shall from time to time, upon his own initiative and whenever directed by the Borough Council, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. He shall immediately report all violations to the Borough Council and take such actions as may be deemed necessary in the chapter. The Borough Engineer's office shall provide any needed assistance to the Code Enforcement Officer on an as-authorized basis.
The Borough Engineer shall be paid for his services and carrying out his duties and responsibilities under the terms of this chapter at fees to be set forth in the Annual Salary Ordinance of the Borough of South River.
For the purpose of administering and enforcing the provisions of this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands in or upon which soil addition operations are being conducted in order to examine and inspect such lands and operations thereon.
Any person who shall violate any of the provisions of this chapter shall upon conviction be subject to the penalties in Chapter 1, Article I, General Penalty, at the discretion of the Municipal Court. Each day that a violation continues shall be considered and shall constitute a separate offense.