[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River 5-9-1985. Amendments noted where
applicable.]
The 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 Borough
to promote and effectuate the general purpose of municipal planning.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
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. This term shall not be construed
to include plowing, spading, cultivating, harrowing or disking of
soil or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes.
Any person seized in fee simple of any lot.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter and any debris,
whether organic or construction debris, including but not limited
to asphalt and concrete.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
[Amended 2-5-2015 by Ord. No. 2-15]
No person shall move any soil or change or alter
the grade of any property within the Borough without first obtaining
a soil removal permit.
The provisions of this chapter shall not apply to the following
operations:
A.
The moving of 50 cubic yards or less of topsoil within a twelve-month
period.
[Amended 8-18-2015 by Ord. No. 10-15]
B.
The moving of soil in an amount not exceeding 50 cubic yards 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.
[Amended 8-18-2015 by Ord. No. 10-15]
C.
The moving of up to 50 cubic yards of soil for use in connection
with the construction or alteration of the basement or foundation
of a building for which a proper building permit has been issued by
the Building Department of the Borough of Upper Saddle River.
[Amended 8-18-2015 by Ord. No. 10-15]
D.
The moving of soil for the installation of septic tanks or sanitary
disposal systems for which applicable permits have been issued by
the Board of Health, except for mounded systems.
[Amended 8-18-2015 by Ord. No. 10-15]
E.
The moving of soil for the installation of underground
utility lines, provided that all necessary permits have been issued.
F.
The moving of soil for parking areas, provided that
the required permits have been obtained.
G.
The moving of soil for detention or retention basins
or similar water control measures approved by the Planning Board or
Board of Adjustment, provided that such soil removal is only for development
containing less than two acres.
[Amended 5-8-1986 by Ord. No. 8-86]
H.
Abandoned wells, septic systems, or cisterns may be filled in without
a soil removal permit, provided that the owner of the lot or his agent
completes and files a permit form with the Borough Engineer prior
to commencement of the work to be performed.
[Amended 8-18-2015 by Ord. No. 10-15]
No soil removal permit shall be issued to any
person other than the owner of the lot, and then only if the excavation,
moving or removing of soil from, in or upon the lot is necessary for
the immediate development of the property and the normal grading of
the lot concerning which the application is made. No permit shall
be issued for longer than one year.
[Amended 7-10-2002 by Ord. No. 13-02; 12-10-2008 by Ord. No. 18-08; 8-18-2015 by Ord. No. 10-15]
[Amended 7-10-2002 by Ord. No. 13-02; 12-10-2008 by Ord. No. 18-08; 8-18-2015 by Ord. No. 10-15]
Anyone engaged in the movement or removal of soil of 1,500 or fewer cubic yards shall make application to the Construction Official for a permit prior to commencing operations. The Construction Official shall require review and approval by the Borough Engineer, who shall be guided by the criteria and factors set forth in § 118-9 of this chapter. The issuance of a minor soil removal permit shall be by review and approval of the Borough Engineer.
[1]
Editor’s Note: Former § 118-7.1,
Intermediate soil removal permit, added 7-10-2002 by Ord. No. 13-02,
was repealed 12-10-2008 by Ord. No. 18-08.
[Added 7-10-2002 by Ord. No. 13-02]
A major soil removal permit involving the movement or removal of 1,500 cubic yards or more of soil shall be required to be approved by the Planning Board after a public hearing, with notice being required to be given to all persons as set forth in N.J.S.A. 40:55D-12 and Chapter 10, Land Use Procedures, of the Borough Code. The issuance of a major soil removal permit shall be by the Planning Board.
The procedure for applying for and issuance
of a soil removal permit shall be as follows:
A.
Form of application. The applicant shall submit to
the Construction Official or Planning Board, as appropriate, 10 copies
of an application which shall include the following information:
[Amended 7-10-2002 by Ord. No. 13-02]
(1)
The name and address of the owner of the land.
(2)
The description of the lands in question, including
the lot and block numbers of the land as shown on the current Tax
Map of the Borough.
(3)
The purpose or reason for moving the soil.
(4)
The type and quantity in cubic yards of soil to be
moved.
(5)
The location to which the soil is to be moved.
(6)
The proposed dates for commencement and completion
of the work.
(7)
A description of the equipment to be used in the excavation
and moving of the soil, number and size of trucks and other vehicles
to be used.
(8)
Name and address of the person having express charge,
supervision and control of the proposed excavation work.
(9)
A listing of the route to be used by the vehicles
in moving or installing the soil.
(10)
A written statement of plans to control soil erosion
with approval from Bergen County Soil Conservation District.
(11)
Proof of liability insurance in such an amount and
form as the Planning Board may require.
(12)
A statement granting permission to Borough officials
or their employees to enter the premises and make surveys and inspections
as the work progresses.
B.
Topographical map. Accompanying the application shall
be a topographical map, prepared and certified by a licensed civil
engineer or land surveyor, in triplicate, showing:
(1)
Existing contours and finished grade contours.
(2)
The quantity in cubic yards of soil involved in the
work, as computed from cross sections which shall be shown on the
map.
(3)
Present and proposed surface water drainage and United
States Coast and Geodetic Datum.
(4)
Such other pertinent data as the Planning Board may
hereafter by resolution require.
C.
Permit fees and expenses.
[Amended 7-10-2002 by Ord. No. 13-02; 12-10-2008 by Ord. No. 18-08; 12-2-2010 by Ord. No. 15-10; 8-18-2015 by Ord. No. 10-15]
(1)
The application shall be submitted to the Borough Engineer or Planning
Board, as appropriate, with a fee payable to the Borough in an amount
computed at the rate of $0.25 per cubic yard, $0.25 multiplied by
the number of cubic yards to be moved as stated in the application
and certified on the topographical map, provided that in no event
shall such fee be less than $100.
(2)
When the amount of soil to be removed or moved exceeds 500 cubic
yards, the applicant shall be required to submit an additional fee
for the soil removal permit of $1 per cubic yard to be moved or removed,
together with an amount determined by the Borough Engineer or Planning
Board to cover the cost for review of the application by professionals,
provided that the fee in connection therewith shall be $1,000.
(3)
In the event the Borough Engineer or Planning Board shall determine
that the conduct of the soil movement operation requires the posting
of a full- or part-time traffic safety personnel, the applicant shall
be required to pay, in addition to the above fees, such additional
sums as are necessary to cover the Borough's expense for such
personnel.
D.
Review of application; hearing. An application for
a soil removal permit shall be reviewed and considered in the following
manner:
(1)
Within 30 days after receipt of a completed application, the Borough
Engineer or Planning Board shall render a determination on an application
for a minor soil removal permit.
[Amended 8-18-2015 by Ord. No. 10-15]
(2)
A determination on an intermediate soil removal permit shall be made
by the Borough Engineer or Planning Board within 30 days after the
filing of a completed application; provided, however, that should
the Construction Official determine to refer such application to the
Planning Board, the Planning Board shall have an additional 45 days
from the date of referral of such, application by the Construction
Official to render its decision on the application.
[Amended 8-18-2015 by Ord. No. 10-15]
(3)
The Planning Board shall review and render a determination
for a major soil removal permit within 95 days after the submission
of a completed application.
E.
Appeal. In the event any person is aggrieved by the
action of the Planning Board, such person, the applicant may, not
later than 30 days after such action, appeal to the Borough Council.
The Borough Council may, by majority vote, sustain, or by two-thirds
vote of its entire membership, overrule, the Planning Board's recommendation.
F.
Permit: form and conditions. The soil removal permit
shall be in such form as may be prescribed by the Planning Board and
shall contain any special conditions set forth in the recommendation.
[Amended 7-10-2002 by Ord. No. 13-02; 12-10-2008 by Ord. No.
18-08
A.
In considering the application, the Planning Board
or Borough Engineer shall be guided by the following factors:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface water drainage.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets
and lands.
(5)
Land values and uses.
(6)
Preservation of trees and natural topography. In order
to prevent erosion, any owner or excavator removing soil shall leave
as many trees and undisturbed natural grade or topography as practicable
in all areas except where excavations are made for buildings, driveways
and streets. The application map made for such owner or excavator
shall show the existing trees over eight inches in caliper for the
consideration of the Planning Board.
(7)
Whether the proposed work is necessary in connection
with the immediate development of property.
(8)
Traffic congestion.
(9)
The effect that the proposed removal of soil would
have on individual sanitary sewage disposal systems.
(10)
Whether the proposed removal of soil constitutes a
commercial activity.
(11)
Any other factor which is relevant to the coordinated,
adjusted and harmonious development of the Borough.
B.
The Shade Tree Commission shall be an advisory committee
to the Planning Board for recommendation prior to approval of the
soil removal permit.
C.
If, after considering the above factors, the Planning
Board determines that the proposed moving or redistribution of soil
will not be detrimental to the health, safety or welfare of the Borough
or its inhabitants, the necessary permit shall be issued. 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.
D.
The Construction Official and Planning Board, as the
case may be, may refrain from considering and hearing any application
for a soil removal permit wherein soil has been moved onto or within
a property without prior application and approval having been granted.
The approving authority may decline to consider and act upon an application
until the site has been restored to its original condition or until
site conditions have been stabilized to the satisfaction of the Construction
Official and Borough Engineer.
Before the permit is issued, the applicant shall
file with the Engineer 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 Engineer
but shall not be less than $1,000, and shall be conditioned as follows:
A.
No soil permit shall be issued unless and until the
owner of the property shall have posted with the Borough of Upper
Saddle River a performance bond, in form and with surety acceptable
to the Borough of Upper Saddle River, in such an amount as the Upper
Saddle River Planning Board shall determine, conditioned upon full
and faithful performance by the owner, within the time specified in
the permit, of all the proposed work in accordance with the provisions
of this chapter and the terms and conditions of the soil permit issued
pursuant thereto. In addition, the bond shall be conditioned upon
the repair, at the expense of the owner, of any Borough street damaged
by the transportation of soil in connection with the operation if,
in the judgment of the Borough Engineer or Director of Department
of Public Works, such repairs are deemed necessary. The term "expense"
as used in this section includes the cost of supervision incurred
by the Borough Engineer in connection with such repairs.
B.
Each applicant shall post with the Borough a separate
bond for the revegetation of all disturbed land areas for which a
soil removal permit is required.
Soil moving or redistribution conducted in the
Borough shall be performed in accordance with the following regulations:
A.
In operations for which a permit is required:
(1)
Operations shall be conducted so that there shall
be no-sharp declivities, pits or depressions.
(2)
Lands shall be graded to conform to the approved contour
lines and grades and shall be cleared of debris.
(3)
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.
(4)
Adequate measures shall be taken to prevent erosion
or the depositing of soil on surrounding lands, streets or municipal
facilities.
(5)
Upon notice to the applicant by the Borough Engineer,
all topsoil shall be respread on 75% of that portion of the premises
graded according to the map submitted by the applicant, excepting
temporary access roadways.
B.
In all operations, whether or not a permit is required:
(1)
All boulders, tree stumps and other debris shall be
removed from the property.
(2)
In dry weather the person conducting such operation
shall dampen the ground where operations are conducted to prevent
dust.
(3)
No trucks used shall be loaded above the level of
the sides of the truck, to prevent spillage, and all streets shall
be cleaned, at the applicant's expense, each day, of any spillage
or soil on such streets resulting from truck operations.
(4)
All truckloads shall be covered with tarpaulin and,
if necessary, treated by water or chemical to prevent flying dust.
(5)
No trucks, machinery or any part of the operation
shall be conducted before 8:00 a.m. or after 5:00 p.m. on weekdays
nor at any time on Sunday or federal or state legal holidays.
(6)
All vehicles engaged in such operations shall use
as routes only those Borough streets which have been approved by the
Planning Board.
(7)
The entire area covered by the work shall be maintained
and left in such manner as not to create or maintain a nuisance or
condition hazardous to life and limb or to the health or general welfare
of the inhabitants or the Borough of Upper Saddle River.
(8)
All excavation, removal and other mandatory ground
cover work, including restoration of property to final grades and
subsequent seeding, must be completed within one year from the date
of the permit.
(9)
No more soil shall be removed than is reasonably necessary
for the development and use of the land.
(10)
No soil removal shall be allowed which shall
cause drainage to adjacent property or prejudicially affect the values
of adjacent properties.
(11)
All soils that are obtained for any soil movement must be obtained
from a reputable source.
[Added 8-18-2015 by Ord.
No. 10-15]
(12)
All excavations and stockpiles shall be surrounded by silt fencing
and runoff protection.
[Added 8-18-2015 by Ord.
No. 10-15]
C.
All vehicles shall be required to secure approval
from the Borough in connection with the street route such vehicles
utilize in the transporting of soil. In addition, the Police Department
shall be required to be notified as to the route vehicles transporting
soil will utilize in connection with site operations.
[Added 7-10-2002 by Ord. No. 13-02]
A.
Nothing in this chapter shall be construed to prevent
the Borough from taking injunctive proceedings to restrain removal
of soil as described in this chapter.
B.
Declaration of nuisance. The Mayor and Council may
revoke any permit granted under this chapter if the operation causes
any nuisance which can be shown to have been caused by the actions
or inactions of the applicant or its agents or employees and which
is prejudicial to the public health, welfare and safety.
C.
Temporary suspension of permit. When, in the judgment
of the Chief of Police or his designee, the moving and removal of
soil causes a serious and continued impediment to the passage of public
traffic or endangers the public health, safety or welfare, the Chief
of Police or his designee is authorized to temporarily halt such operation
until the danger to the public's health, safety and welfare is abated.
The judgment of the Chief of Police or his designee, exercised in
good faith, shall be conclusive.
D.
Bonds. Upon the recommendation of the Borough Engineer
and upon furnishing the owner with written notice, the Borough may
levy upon any bonds furnished to guarantee performance of the work
set forth in the soil permit or soil agreement. In the event that
said bonds are insufficient to cover the costs of performing or completing
said work, then the costs of said performance shall be assessed against
the property and shall become a lien upon said property.
[Amended 5-8-1986 by Ord. No. 8-86; 9-8-1988 by Ord. No. 16-88]
For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code. Each day that a violation shall continue shall constitute a separate offense.
[Amended 8-18-2015 by Ord. No. 10-15]
A.
This chapter shall be enforced by the Borough Engineer, the Mayor
and Council, the Construction Code Official, members of the Borough
Police Department or the Zoning Official.
B.
On-site inspections of soil movement shall be restricted to the Borough
Engineer, the Construction Code Official, the Zoning Official, or
the Mayor and Council's designee.
