[HISTORY: Adopted by the Borough Council
of the Borough of Alpine 3-25-1998 by Ord. No. 541. Amendments noted where
applicable.]
A.
The Borough Council recognizes that the State Soil
Conservation Committee (pursuant to the Soil Erosion and Sediment
Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., and the
regulations enacted pursuant thereto, N.J.A.C. 2:90-1.1) has established
standards controlling the disturbance of soil on defined projects
to control soil erosion and sediment deposition. The state standards
for soil erosion and sediment control shall apply and take priority
for all projects as defined by N.J.S.A. 4:24-41g except that the Borough
of Alpine shall implement the same standards for projects which disturb
less than 5,000 square feet of surface area and for exempt single-family
dwelling units.
B.
The Borough Council finds that the control of the
amount, volumes and location of soil importation, exportation, mining
and movement is necessary for public health and safety and that the
following general purposes of municipal planning and land use and
regulations shall be taken into consideration when reviewing all proposed
soil movement in the Borough:
(1)
The general welfare of the Borough of Alpine and its
citizens.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and land.
(5)
The unsightliness of the premises after excavation
and during construction.
(6)
The effect of flooding upon the premises and on adjacent
properties in question.
(7)
The prevention of any nuisance caused by soil movement
operations.
(8)
Traffic on and off site.
(9)
The effect that the proposed movement of soil would
have on individual sanitary sewerage disposal systems.
(10)
The effect on surrounding land values and uses.
(11)
Whether the proposed work is necessary in connection
with the immediate development of the property.
(12)
Such other factors as may bear or relate to the development
of the coordinated, adjusted and harmonious physical development of
the Borough.
(13)
The preservation of existing wetlands and watercourses,
and noninterference with wetlands, stream beds, stream or watercourse
banks or their stabilization.
(14)
The creation of sharp declivities, pits or depressions.
(15)
The prevention of soil mining.
(16)
Preservation of existing trees and natural topography.
The terms used in this chapter shall be deemed
and construed to have the following meanings:
A property owner submitting an application for a soil movement
permit.
Broom clean; all soil removed.
A calendar day.
Improvement of a lot by the construction or erection of one
or more buildings for residential, commercial or industrial purposes
and improvement of lands through or for conservation or flood control.
An individual or firm retained by the Borough Council, Planning
Board or Board of Adjustment. The individual or firm shall possess
a degree from an accredited institution of higher learning in environmental
studies.
The standards for soil erosion and sediment control established
by the State Soil Conservation Committee.
Any person who shall move or remove soil as the terms are
hereinafter defined.
Any parcel of land or portion thereof the boundary lines
of which may be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough of Alpine
or in the office of the Clerk of Bergen County.
To dig; to excavate; to remove; to import; to export; to
deposit; to place; to dump; to fill; to backfill; to deliver; to grade,
regrade or level; to rough grade or fine grade; to level, relocate
or otherwise alter or change the location or contour; to transport;
to supply; to extract or to shift the location of tree stumps. 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 conduct which is either unlawful in itself or unreasonable
under all circumstances or the creation or maintenance of a condition
which endangers the safety or health of the general public.
Any person seized in fee simple of any lot.
Any individual, firm, association, partnership or corporation,
or any group of two or more of them.
Any earth, sand, clay, loam, gravel, humus, tree stumps,
minerals, mud, silt, ore, muck, stone, rock or dirt, without regard
to the presence or absence therein of organic matter, and any debris
whether organic or construction debris including but not limited to
asphalt, concrete and macadam.
Delivery or removal of equipment or materials associated
with soil movement; soil movement; installation or removal of erosion
control measures; starting or warmup of equipment; arrival, departure
or waiting of transport vehicles for equipment or soil; street cleaning;
restoration; revegetation.
A reserve supply of soil accumulated on site in anticipation
of future use on or off site.
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.
A.
Permit required. No person shall excavate, remove
or move, or cause, allow, permit or suffer to be removed or moved,
any soil from, onto, in or upon any lot or right-of-way in the Borough
of Alpine unless and until a soil movement permit therefor shall first
have been issued pursuant to this chapter and shall be in effect,
unless the activity is excepted under this chapter. No person shall
make, create or cause to be created, a reserve supply of soil or accumulate
soil on site or in rights-of-way in anticipation of future use or
disposal without the express written permission of the Borough of
Alpine as provided herein.
B.
Responsibility of owner. Unless the soil movement
activity is excepted under this chapter, no owner of any lot in the
Borough of Alpine shall cause, allow, permit or suffer any soil from,
in or upon such lot to be removed or moved or any soil to be imported
to or deposited upon such lot, until a soil movement permit therefor
shall have been obtained and is in effect (i.e., not suspended, revoked
or expired). It shall be the responsibility of the owner to monitor
the status of any soil movement permit issued, and to verify that
a permit is in effect before he permits soil movement on his property.
It is the further responsibility of the owner to notify all contractors
and/or subcontractors, and all vehicle operators, involved in any
way with the soil movement on the property of the conditions of the
approved soil movement permit and the requirements of this chapter.
C.
Conditions of permit. Unless the soil movement activity
is excepted under this chapter, no soil shall be imported to or deposited
upon, excavated, moved on or removed from, in or upon any lot in the
Borough of Alpine except in connection with the immediate development
of such lot in accordance with all applicable ordinances of the Borough
of Alpine and all applicable statutes of the State of New Jersey,
and then only after a soil movement permit has been obtained. It is
hereby required that the applicant set forth in or append to the soil
movement permit application a time schedule showing the date of commencement
and completion of both the soil movement operation and the developmental
use or program to which the applicant proposes to put the property.
In the event of any conflict with the terms of this chapter and the
state standards for soil erosion and sediment control, the state standards
shall control and the State Soil Conservation Committee and the Bergen
County Soil Conservation District shall have jurisdiction.
D.
Permit procedure. The procedures to be followed in
the application for, review of the application form for, issuance
of and monitoring of a soil movement permit shall be listed hereafter:
(1)
Application form. On forms prescribed and supplied
by the Borough Construction Officer, and on supplements thereto, the
applicant(s) and the owner(s) of the property shall apply for the
permit and shall set forth, under oath, in triplicate, the following:
(a)
The name(s) and address(es) and telephone number(s)
of the owner(s) of the lot(s) which is (are) the subject of the application.
(b)
The description of the lot(s) in question, including
lot number(s), block number(s) and street address(es).
(c)
A description of the ultimate purpose for importing,
depositing, excavating, moving or removing soil.
(d)
The kind and quantity, in cubic yards, of soil
to be imported, deposited, excavated, moved or removed, including
specific cut, fill, import, export and stockpile volumes, the proposed
height(s) of the stockpile(s) and the total volume of soil to be moved.
[1]
In the case of removal, the location (i.e.,
street address, municipality and state) to which the soil is to be
removed and the kind and quality of soil to be removed shall be set
forth.
[2]
In the case of importation of soil to a site,
the street address, municipality and state of the property from which
the soil is to be obtained, the owner of the premises from which the
soil is to be obtained, the name and telephone number of the owner
or representative of the owner of the premises from which the soil
is to be obtained, and the kind and quality of the soil to be imported
shall be set forth.
[3]
Earthwork's cross-sections and end area method
volume calculations, in a form acceptable to the Borough Engineer,
shall be submitted with the application to verify the quantities of
soil to be moved. A minimum of five cross-sections shall be submitted
with each application, including applications for soil movement associated
with single-family home construction.
(e)
The proposed date of commencement of the work
and the proposed date of completion of the work, specifying month,
day and year.
(f)
The name, street address, municipality, state
and telephone number of person(s) having express charge, supervision
and control of the proposed soil movement operations. The applicant
shall provide a twenty-four-hour telephone number of operator or supervisor
of soil movement operations.
(g)
A copy of the Soil Erosion and Sediment Control
Plan as required by N.J.A.C 2:90-1.1 et seq.
(h)
A listing of waivers requested in conjunction
with the application, including the Code requirement, the proposed
deviation therefrom and the reason for the deviation.
(2)
Plan requirements and proposed grading. Accompanying
the application shall be a topographical map, drawn to a scale of
not less than one inch equals 30 feet, on sheets no larger than 42
inches by 36 inches, and referenced to the USGS datum, prepared, certified
and sealed by a New Jersey licensed professional engineer and land
surveyor, in triplicate, showing the following information. For items
included in the state standards for soil erosion and sediment control,
satisfaction of the state standards are required.
(a)
The present grades of the lot(s) to, from or
upon which it is intended to import, deposit, excavate, move or remove
soil. When aerial topography is utilized, the plans shall so note,
and the applicant shall be required to verify the accuracy of said
aerial topography to the satisfaction of the Borough Engineer with
conventional field survey information.
(b)
The present grades of all land within 25 feet
of the boundaries of the subject lot(s).
(c)
The present grades of all abutting streets,
and rights-of-way, for the full width of the rights-of-way and the
full frontage(s) of the subject parcel(s).
(d)
The proposed final grades shown by contour lines
over the entire parcel when the work has been completed, at vertical
intervals no greater than two feet, which shall not exceed 10 feet
in deviation from the present grade on lots two acres or larger and
shall not exceed five feet in deviation from the present grades on
lots less than two acres in area.
(e)
The quantity, in cubic yards, of soil involved
in the work of cutting, filling, importing, exporting, and/or stockpiling,
together with the location(s) and base area(s) of any proposed stockpile(s).
(f)
Proposed slopes and lateral supports, which
shall not exceed one foot vertical to four feet horizontal, and no
slopes that redirect or concentrate stormwater runoff onto adjacent
properties.
(g)
Proposed retaining walls, which shall not exceed six feet in height and shall be no closer than six feet from any lot line or wall (proposed or existing), or any tree buffer as per Chapter 205, whichever is greater, with a stability analysis and detailed plans signed and sealed by a licensed professional engineer for all retaining walls in excess of three feet in height.
[Amended 9-24-2008 by Ord. No. 688]
(h)
Present and proposed surface water drainage
and the means of control of same.
(i)
Spot grades showing the proposed elevations
at all building corners, at the edges of all paved areas, at all bend
points in retaining walls, and at other locations deemed necessary
by the Borough Engineer.
(j)
The location and limits of all on-site wetlands
and wetland transition areas.
(k)
The boundaries of the lot(s) in question and
of all lots with this area within 200 feet of the perimeter(s) of
the subject lot(s), except that this requirement shall not apply to
an application for soil movement on an individual parcel on which
a single-family home is to be constructed.
(l)
Soil erosion and sediment control details proposed
for use on the site consistent with the state standards.
(m)
The location(s), type(s), and size(s) of all
existing trees over nine inches caliper within the actual area(s)
of disturbance. Trees shall be measured for the purpose of this subsection
at a height of three feet from the existing grade at the base of the
tree.
(n)
Such other data as the Planning Board, Zoning
Board, Council, Environmental Commission and/or Borough Engineer may
deem necessary and require.
(3)
Liability insurance.
(a)
Accompanying the application shall be proof
of liability insurance held by or for the benefit of the owner as
an additional named insured in minimum amount of $1,000,000, combined
single limit.
(b)
The insurance must be maintained for the full
term of the permit.
(c)
In the event that the insurance does not cover
the full term of the operations as noted on the application, acceptable
proof of replacement insurance must be submitted to the Construction
Officer a minimum of 10 calendar days before expiration of the initial
coverage.
(4)
Fees.
(a)
The application shall be submitted to the Construction
Officer with a fee in an amount set forth on the attached Schedule
A,[1] which is incorporated herein by reference.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(b)
In the event of the Borough's decision to deny
a soil movement permit, all that portion of the fee in excess of the
Borough's engineering, legal, administrative and other expenses shall
be refunded to the applicant.
(c)
All soil movement fees shall forthwith be deposited
in a specially designated and separate project escrow account and
shall be used to pay the Borough's engineering, legal, administrative
and any other expenses incurred in processing the application and
monitoring of the permit status and applicant's performance. Upon
completion of the soil movement operation or the expiration of the
permit, any unexpended portion of the fee shall be retained by the
Borough and transferred to the tax account of unanticipated revenue.
In the event that the fees posted by the applicant are insufficient
to meet the reasonable engineering, legal and administrative expenses
incurred by the Borough in processing the applications and monitoring
the permit status and the applicant's performance, the applicant shall
upon the request of the Borough immediately pay such additional engineering,
legal and administrative and other expenses incurred by the Borough.
In the event that the project is not completed or in the event that
the applicant does not pay all the fees required by this chapter,
the sums due to the Borough shall become an obligation of the owner
of the property and shall become a lien upon the property.
(5)
Review of application for soil movement permit.
[Amended 2-26-2003 by Ord. No. 608]
(a)
Borough Engineer approval. If the Borough Engineer
determines upon his review of the documents forwarded to him under
this chapter that the total proposed movement of soil is less than
1,000 cubic yards, no waivers are being requested or are required
and no special unique situation exists in conjunction with the application,
then the Borough Engineer shall review and approve or deny the permit
application within 30 days after receipt of a complete application.
(b)
Development application. If the application
for a soil movement permit is made in conjunction with a development
application for which the Planning Board or Board of Adjustment has
jurisdiction then the Land Use Board having jurisdiction of the development
application shall also review and approve or deny the soil movement
permit application. If the application for development requires a
public hearing then the application for the soil movement permit shall
be considered at the public hearing on notice as required by N.J.S.A.
40:55D-12. The time for the Land Use Board to act upon the application
for a soil movement permit shall be the same time as is required to
act upon the development application.
(c)
Waiver; special or unique circumstances. If waivers are requested or required, or if in the opinion of the Borough Engineer, special or unique circumstances exist in connection with the application, then the Borough Engineer shall refer the application to the Planning Board pursuant to N.J.S.A. 40:55D-26b for a recommendation. The Planning Board shall review the application in accordance with the procedures set forth in § 185-3D(5)(d) of this chapter and submit its written recommendations to the Mayor and Council who shall make the final determination on issuance of the permit.
(d)
Movement of more than 1,000 cubic yards of soil.
An application for a soil movement permit for movement of more than
1,000 cubic yards of soil shall be submitted for review and recommendation
to the Planing Board pursuant to N.J.S.A. 40:55D-26b. The Planning
Board shall conduct a hearing prior to the issuance of its written
recommendations. The Planning Board shall establish a date for the
hearing on the application so as to permit the applicant to give 10
days' written notice of the date, place and purpose of the hearing
to the owners of all property within 200 feet of the premises covered
by the application. After the hearing, the Planning Board shall submit
its written recommendations to the Mayor and Council with respect
to the application. If, after examining the application and the recommendations
of the Planning Board and after considering the results of the public
hearing before the Planning Board, the Mayor and Council shall be
of the opinion that the proposed soil movement will not create conditions
inimical to the public health, welfare and safety, nor create any
drainage, soil erosion or other conditions of danger, the Mayor and
Council, subject to the conditions it may attach, may grant the soil
movement permit application.
(6)
Processing application.
(a)
General requirements.
[1]
Sufficient copies of the application as determined
by the Construction Officer together with the accompanying documents
and maps, shall be filed with the Construction Officer, of which one
each shall be sent to the Borough Engineer, and the Borough Environmental
Commission.
[2]
The Borough Environmental Commission shall review
the application and the accompanying documents and send copies of
its report to the Construction Officer and the Borough Engineer within
30 days from the date of application. The Environmental Commission
shall set forth its opinion, recommendations and comments in writing
to the approving agency. Failure of the Borough Environmental Commission
to render a report within 30 days shall not delay consideration of
the application.
[3]
The Borough Engineer shall review the application
and the accompanying documents and make his report to the Construction
Officer and/or the Planning Board or the Board of Adjustment, as appropriate,
within 30 days of the date of application. This report shall incorporate
comments from the Environmental Commission, and shall indicate the
status of the application, soil movement volumes, any waivers being
requested and all application deficiencies.
[4]
If, in the opinion of the Borough Engineer, the application is not complete, the Engineer shall notify the applicant of the deficiencies, in writing, within 30 days from the date of application. For purposes of determining completeness of an application, all information, maps, documents, and fees required by Subsection D(1), (2) and (4) are required to be submitted. The Borough Engineer shall determine the completeness of an application. Proof of liability insurance coverage may be supplied after review by the Planning Board or the Board of Adjustment but must be submitted before the issuance of a permit. The time periods for review of the application shall be suspended until complete information is submitted to the Borough and deemed complete by the Borough Engineer.
[5]
Revisions and/or amendment to the application
must be made on the application form and initialed. Revisions and/or
amendments made by letter are not acceptable. Amended and/or supplemented
applications shall be filed with the Construction Officer. The Environmental
Commission and the Borough Engineer shall issue reports on same within
30 days of their receipt.
[6]
If, in the opinion of the Construction Officer,
the Borough Engineer, the Planning Board or the Board of Health or
the Board of Adjustment, professional review of the application, including
physical examination or testing of soil to be imported, is required,
the Borough Engineer, Planning Board or Board of Adjustment shall
forward all pertinent materials to a soil consultant for his review
and for a certified soil testing laboratory report, within 30 days
from the date the application is deemed complete. The report of the
consultant shall be accompanied by an invoice of the service performed
and shall be due 30 days from receipt of the subject materials from
the Borough. The applicant shall pay the invoice through the Construction
Officer prior to action upon the application.
(b)
The Construction Officer, the Planning Board or the Board of Adjustment shall, within 30 days after receipt of all reports required by Subsection D(6)(a) above provided that the application has been deemed complete,[2] notify the applicant of the time and place the Borough
approving authority or reviewing authority shall consider the application;
and if a public hearing is required the applicant shall give notice
of the time and place that the Borough approving authority or reviewing
authority shall consider the application, reports, and recommendations
in the following manner:
[Amended 2-28-2001 by Ord. No. 583; 2-26-2003 by Ord. No. 608]
[1]
By publishing in an official newspaper of the
Borough of Alpine a notice, at least 10 days prior to the date set
by the Borough approving authority or reviewing authority of the date
set for such consideration.
[2]
By delivering a copy of said notice, by certified
mail or by personal service, to all property owners within a two-hundred-foot
radius of the boundaries of the subject premises as their names appear
on the municipal tax records of the property at least 10 days prior
to the hearing date.
(c)
The affidavits of publication and service of
notice shall be filed with the Borough at or prior to the date of
the hearing.
(d)
An application which is referred to the Planning
Board pursuant to N.J.S.A. 40:55D-26b shall be considered at a public
hearing within 30 days after the date the application has been deemed
complete. Failure to act within the thirty-day period shall be deemed
their recommendation for denial.
[Amended 2-26-2003 by Ord. No. 608]
(7)
Approvals. If additional Borough, county, state, federal
or other governmental approvals for the development of the subject
property are required, the soil movement permit shall not be issued
until all such final approvals are obtained and proof of same is submitted
to the Borough.
(8)
Issuance of soil movement permit.
(a)
Soil movement permits shall be issued by the
Construction Officer.
(b)
The permit shall indicate the permittee's name
and telephone number, the lot, block and street number of the property,
the volumes and types of soil approved for movement and the commencement
and completion dates.
(c)
The application form and the chapter requirements
shall be deemed to be a part of the permit, as if attached.
(d)
The permit shall be issued only after all of
the following have been accomplished:
[1]
The application is deemed complete.
[2]
All conditions in any subdivision or site plan
approval resolution, where applicable, have been fully satisfied.
[3]
When appropriate, the developer's agreement
has been executed by all parties, and the required performance guarantees
and fees have been posted with the Borough.
[4]
All required Borough, county, state, federal
or other governmental final approvals for development of the subject
premises have been secured and proof of same is submitted to the Borough.
[5]
Planning Board or Board of Adjustment approval
of the soil movement permit application has been secured, if applicable.
[6]
All conditions in any soil movement permit application
approval resolution have been fully satisfied.
[7]
Acceptable proof of liability insurance coverage
has been submitted.
[8]
Any required performance and/or revegetation
guarantees have been posted with the Borough.
E.
Permit to be issued to owner; duration.
(1)
No soil movement permit shall be issued except to
the owner(s) or contract purchaser(s) of the premises, and then only
if the importation, deposition, excavation, moving or removing of
soil to, from, in or upon the premises is necessary for the immediate
development and the normal grading/regrading of the premises concerning
which the application is made.
(2)
No soil movement permit shall be issued for longer
than one year from the date of issuance.
(3)
The permit shall expire on the earlier of the date
of completion set forth in the application or one year from the date
of issuance.
(4)
Permit extension requests must be submitted in writing
to the Construction Officer a minimum of 30 calendar days prior to
the date of expiration of the permit.
(a)
The extension request must include the reason
for the request, the length of the requested extension, indicate the
new completion date, specifying day, month and year, and indicate
the volumes of soil remaining to be moved in each of the categories
shown on the standard reporting form.
(b)
The extension request must be accompanied by
acceptable proof of liability insurance coverage.
(c)
All requests for extensions shall be reviewed
and approved or denied in accordance with the procedure set forth
herein of the different types of applications.
(d)
If a soil movement permit expires prior to the
applicant requesting, in writing to the Planning Board or Administrative
Officer, a formal extension of the permit, all soil movement shall
cease until a new permit is obtained.
(e)
If a formal extension request has been submitted
to the Planning Board Administrative Officer prior to the expiration
of a permit, soil movement activities may continue past the expiration
date until such time as the Planning Board, Board of Adjustment or
Borough Engineer, as appropriate, considers and reaches a decision
on the extension request.
(f)
Any requests made for extension of a soil movement
permit must include a fee of $275 for the preparation of a report
by the Borough Engineer and the preparation of a resolution by the
approving authority attorney.
A.
Nonassignability of permit. Soil movement permits
may not be assigned; however, such permits may be transferred to a
successor owner of title if:
B.
Declaration of default; effect. In the event that,
in the opinion of the Construction Officer or the Borough Engineer,
or the approving authority, the project cannot be completed at the
rate of progress or within the time specified in the soil movement
permit or there is a willful violation of any terms of the soil movement
permit or the soil management ordinance, or that soil erosion is not
being satisfactorily controlled by seeding, planting or other anti-erosion
measures, or that the streets are not being properly cleaned, then
the Construction Officer or Borough Engineer may certify in writing
to the Borough Council, and the Borough Council may, after notice
to the applicant and affording a hearing on the issue, declare a default
and notify all persons having an interest in or in charge of the project
to discontinue the project. The Borough Council may, at its option,
upon declaration of default, revoke the soil movement permit and/or
call upon the surety to complete the project.
C.
Cost of traffic safety guard. In the event that the
Borough Chief of Police shall determine that the conduct of the soil
movement operation requires the posting of a full-time or part-time
traffic safety guard or inspector, the applicant shall pay, in addition
to the fees set forth above, an additional amount to cover the Borough's
expenses of hiring a traffic safety guard or inspector.
D.
Temporary change of grade. Where soil importation,
deposition excavation, moving or removing is permitted, no person,
owner, developer or excavator shall deposit soil upon, fill in or
raise the grade of any lot without first making provisions for:
(1)
The preservation of existing wetlands, wetland transition
areas and watercourses.
(2)
Temporary slopes during construction which shall not
exceed one foot vertical to one foot horizontal (1 foot:1 foot) for
a period of more than 24 hours, unless a safety fence or railing acceptable
to the Borough Engineer and having supports spaced no further than
10 feet apart shall be installed along the entire top of the slope.
(3)
The control of stormwater runoff.
(4)
The control of soil erosion in accordance with state
standards.
E.
Regulations governing soil movement operations. All
soil movement operations, including but not limited to excavation,
filling, deposition, removal, import, export, grading, transport and
tree stump removal, shall be performed in accordance with the state
standards and with the following municipal standards (if there is
a conflict or duplication, then the state standards shall control)
following regulations whether or not a permit is required or has been
issued:
(1)
No tree stumps, boulders, rocks with any dimension
greater than 12 inches, and other vegetative and construction debris
shall be buried or covered on the property.
(2)
In dry weather persons conducting soil movement operation(s)
shall continuously dampen the ground where such operations are conducted,
as necessary to prevent dust.
(3)
No trucks used shall be loaded above the level of
the sides of the truck, to prevent spillage. Front end loaders, backhoes
and similar equipment shall not be used to transport soil off the
premises, on streets or roads. All streets, roads, highways, etc.,
within the Borough of Alpine shall be thoroughly cleaned, at the applicant's
expense, each day, of any spillage, or soil on such traveled ways
resulting from soil movement, project-related erosion and/or truck
operations.
(a)
"Clean" shall be defined as broom clean.
(b)
Cleaning operations shall be completed prior
to 5:00 p.m. on each day.
(c)
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.
(4)
All truck loads shall be fully covered (i.e., no soil
visible) with tarpaulin and, if deemed necessary, treated by water
to prevent flying dust.
(5)
No trucks, equipment, or machinery shall be delivered,
removed, started or operated, nor shall any part of the soil movement
operation be conducted, before 8:00 a.m. or after 5:00 p.m. on weekdays
or Saturdays nor at any time on Sundays, nor at any time on the following
holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day.
(6)
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 inhabitants of the Borough of
Alpine. All excavations left open overnight shall be fully encircled
with protective fencing, properly embedded/braced to the satisfaction
of the Borough Engineer. Access to all areas with slopes in excess
of one vertical to one horizontal (1:1) shall be blocked with protective
fencing, properly embedded/braced to the satisfaction of the Borough
Engineer.
(7)
All soil movement operations, including mandatory
ground cover work proposed in the application and on the accompanying
map, as well as restoration of the property to final grade and revegetation,
must be completed within the time frame stipulated in the permit,
or in the extended permit, where applicable.
(8)
No soil movement shall be allowed which shall cause
damage to adjacent properties or prejudicially affect the values of
adjacent properties.
(9)
The Borough Engineer, the Construction Officer, the
environmental consultant and members of the governing body, the Environmental
Commission, the Planning Board and the Board of Adjustment or any
of their agents or experts shall be permitted to inspect the general
conduct of the soil movement operations to assure the same are being
conducted in full accordance with each and every provision of this
chapter and the soil movement permit application approval resolution.
(10)
Excavation shall not be below applied-for grade levels
and fill shall not exceed applied-for grade levels by more than one
foot, unless approved by the approving authority.
(11)
Examination of material.
(a)
If, prior to or during the course of soil movement
operations, the Borough Council or the Borough Board of Health determines
that a physical or chemical examination of imported material is required
for protection of public health and safety, the Borough Council may
retain a soil consultant to examine the fill material at the sole
expense of the permit holder.
(b)
If the results of such examination indicate
the presence of material which is harmful, dangerous, toxic or hazardous
to the public, all soil movement activity shall cease and the soil
in question shall be removed in accordance with the directions of
the Borough Engineer, at the sole expense of the owner(s).
(12)
All soil erosion and sediment control measures shall
be installed at the locations and in accordance with the details shown
on the approved plans as required by the state standards and/or the
Bergen County Soil Conservation District, prior to the start of soil
movement operations on the project.
(13)
Access to and egress from the site for soil movement
operation, delivery and/or construction purposes shall be by way of
the stabilized construction entrance(s) shown on the approved plans
only.
(14)
No soil shall be deposited, piled, or stockpiled on
paved portions of municipal, county, state or private streets, roads,
highways, etc., within the Borough of Alpine, unless in connection
with sanitary sewer, drainage or utility (i.e., gas, water, electric,
cable TV and/or telephone) installations and/or repairs therein.
(a)
When soil so deposited on paved street surfaces
is to remain for more than four hours, a stone filter consisting of
three-fourths-inch-diameter clean stone, one foot wide and six inches
high, shall be placed around the entire limits of soil.
(b)
Except in emergency repair situations, no soil
shall remain piled or stockpiled on paved portions of streets overnight.
(c)
Stone used to construct ramps from pavement
to top of curb must be clean and not contain any dust or fines.
(15)
Truck-driven earth-moving equipment shall not be unloaded
onto or driven upon any municipal, county, state or private street
on which a bituminous intermediate course or a bituminous surface
course has been placed.
(a)
The use of timber mats is required when such
equipment is driven over the subject courses.
(b)
If such truck-driven equipment traverses bituminous
pavement, and leaves track marks thereon, the Borough Engineer shall
require the applicant to remove and replace the area of pavement so
damaged, or, in his discretion, to deposit funds equal in value to
the estimated cost of such replacement with the Borough to cover future
pavement repairs.
(16)
Once the bituminous intermediate course on roadways,
and/or bituminous intermediate or base course on parking areas or
drives, is placed, stone inlet filters and/or filter fabric inlet
filters shall be installed around/on all inlets, and maintained in
place, until the site is stabilized and the Borough Engineer approves
their removal, in writing.
(17)
A flagman or flagmen shall be provided by the applicant
if deemed necessary by the Chief of Police or the Borough Engineer.
Soil movement operations on streets within the Borough shall cease
unless and until such personnel is/are provided.
(18)
Soil movement equipment and other construction vehicles
shall be stored on the site. No soil movement or other construction
equipment shall be parked or stored on any road, street, avenue, highway,
right-of-way or easement within the Borough during the day or night.
(19)
In the event that the applicant fails to adhere to
any of the above regulations within 24 hours from the time of notice
to a representative of the developer, either on the site or in the
developer's office, the Construction Officer or the Borough Engineer
shall have the authority to suspend all work on the project until
corrective actions are completed to the Engineer's satisfaction.
(a)
In this case, soil movement activities may not
recommence until a written reinstatement is issued by the Construction
Officer.
(b)
If the permit is not reinstated by the Construction
Officer, the permittee shall be entitled to a review of this suspension
within 14 calendar days of the date that the regulation(s) is/are
purported to have been satisfied by the Borough Council. In this case,
soil movement may not recommence until the Council passes a resolution
reinstating the permit, and any and all conditions in said resolution
are fully satisfied.
(c)
Should the developer fail to cooperate in adhering
to a specific regulation a second time, the Construction Officer's
suspension of work shall automatically be effective until such time
as the Borough Council considers the matter, passes a resolution of
reinstatement, and any and all conditions of said resolution are fully
satisfied.
F.
Preservation of trees and natural topography. In order
to prevent erosion and the destruction of the aesthetic characteristics
of the Borough of Alpine, any owner or excavator moving soil shall
leave as many trees and as much undisturbed natural grade or topography
as practicable in all areas except where excavations are made for
buildings, driveways and streets. Soil shall not be placed within
five feet of the base(s) of trees, either on a temporary or on a permanent
basis. Where and when directed by the Borough Engineer, tree wells
equivalent in diameter to the diameter of the canopy of the trees
shall be constructed to preserve existing trees. No permanent fill
shall be placed within the existing tree canopy. No excavation or
filling shall create a flatter contour if such excavation or filling
would destroy existing trees shown on the application map. The proposed
revegetation and restoration in the disturbed area(s) shall also be
shown as part of the application.
G.
Guaranties.
(1)
No soil movement permit shall be issued unless and
until the applicant or owner of the property shall have posted with
the Borough of Alpine a cash guaranty, or a performance guaranty or
performance bond, in form and with surety acceptable to the Borough
of Alpine, in such amount as the Borough Engineer 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 movement permit issued pursuant thereto. Separate guaranties
as required by this chapter shall not be waivable by any approving
authority. In addition, the release of the guaranty or bond shall
be conditioned upon the repair, at the expense of the owner, of any
Borough street damaged by the transportation of soil material or equipment
used in connection with the operation if, in the judgment of the Borough
Engineer, such repairs are deemed to be necessary. The term "expense"
as used in this section includes the cost of supervision or activities
incurred by the Borough Engineer, the Borough Attorney and or other
Borough personnel in connection with such repairs. The cash guaranty,
performance guaranty or bond shall not be released until all soil
deposited in storm drains or drainage facilities as a result of the
soil movement operation is removed to the satisfaction of the Borough
Engineer.
(2)
Revegetation guaranty.
(a)
Each applicant shall post with the Borough a
separate amount, in the form of cash or a bond, to guarantee the proper
revegetation and stabilization of all disturbed land areas.
(b)
This revegetation guaranty shall be calculated
at the current cost for complete stabilization (including seed, fertilizer,
mulch and fixative) for the entire site plus the estimated cost for
site and soil preparation, grading, and shaping.
(3)
Location
survey. Prior to the commencement of installation or construction
of any building or structure in the area which was the subject of
an application for soil movement permit, the owner shall submit a
certified location stakeout to the Construction Official/Building
Inspector to verify that the proposed building or improvement is in
the proper location and elevation.
[Added 9-27-2017 by Ord
No. 772[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
G(3) and (4) as Subsection G(4) and (5), respectively.
(4)
As-built plan.
(a)
Upon the completion of all work for which a
soil movement permit has been issued, the owner shall submit an as-built
plan prepared by a licensed land surveyor of all disturbed areas,
and a written request to the Construction Officer for the release
of the performance and/or revegetation guaranties.
(b)
The Borough Engineer shall review the as-built
plan and determine if the work has been performed in accordance with
the provisions of this chapter and issue his findings and recommendations
to the Construction Officer. Upon receipt of the Borough Engineer's
certification that the work has been completed in a good and workmanlike
manner, the Construction Officer shall consider the release of the
performance and/or revegetation guaranties.
H.
Contents of permit; execution of agreement. The soil
movement permit shall set forth all of the conditions under which
the same was granted and the time within which said soil movement
shall be completed. If the permit is authorized by the Planning Board
or Board of Adjustment in conjunction with an application for development,
the applicant shall execute a developer's agreement containing the
terms and conditions of the permit. The soil movement permit shall
not be issued until the developer's agreement is signed by all parties
and until the performance and/or revegetation guaranties are posted.
I.
Enforcement; inspections.
(1)
This chapter shall be enforced by the Borough Engineer,
the Construction Officer, the Borough Council or its designee, or
members of the Borough Police Department.
(2)
On-site inspection of soil movement shall be restricted
to the Borough Council or any of its membership, the Environmental
Commission or its consultant, the Borough Engineer or his/her representatives,
the Construction Officer, Planning Board members, Board of Adjustment
members, the Borough Council's designee, or members of the Borough
Police Department.
(3)
The Bergen County Soil Conservation District is the
enforcement authority for all soil erosion and sediment control activities
under its jurisdiction. 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 standards.
J.
Exemptions from soil movement permit requirements.
(1)
The requirements of § 185-3A, C, D(1)(d)[3], D(2) and D(4) of this chapter shall not apply to the following exempt operations, unless as excepted below:
[Amended 9-28-2016 by Ord. No. 763]
(a)
Excavations for building foundations or swimming pools for detached single-family homes for which a building permit has been issued by the Construction Official, except that the fee provisions of § 185-3D(4) will apply as for nonexempt applications;
(b)
Excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Borough Department of Health, except that the fee provisions of § 185-3D(4) will apply as for nonexempt applications;
(c)
Excavations for the installation of underground
gas, water, electric, cable TV and telephone lines by licensed utility
companies, provided all other required permits have been issued;
(d)
Soil borings, test pit excavations or hazardous
waste cleanup operations, provided all other required permits have
been issued;
(2)
The exception for foundation and swimming pool excavations
shall be limited to excavations in which the material is totally removed
from the site or in which the excavated material is spread or graded
within 12 feet of the foundation pool walls.
(3)
The exceptions for foundations, swimming pools, septic
tanks and sanitary disposal systems will be allowed for only one foundation,
swimming pool, septic tank or sanitary disposal system per lot.
(4)
Abandoned wells, septic systems, cisterns or swimming
pools may be filled in without permit, provided that the owner or
his agent files a soil movement permit application with the Construction
Officer and the Board of Health with sufficient information to review
the proposal and provided that all Building Department and Board of
Health approvals are obtained prior to commencement of the work.
(5)
A maximum of 200 cubic yards of soil on lots two acres
or larger, and a maximum of 100 cubic yards of soil in lots less than
two acres in area, may be excavated, moved, removed or placed upon
a single lot as an excepted lawn, garden or landscape excepted operation,
provided that the owner of the lot completes and files a soil movement
permit application form with the Construction Officer prior to commencement
of the work to be performed. This exception shall be available only
once for each lot during any twelve-month period. All soil movements
during a twelve-month period shall be aggregated to determine the
amount of fill moved.
(6)
The movement of soil as an excepted operation shall
not result in any increase in the amount or rate or a change in the
direction of stormwater runoff of the lot and shall not restrict or
prevent the current flow of stormwater from adjacent lots across the
subject lot.
(7)
In order to qualify for an exemption under this Subsection J, the applicant must file in advance with the Construction Officer a fully completed soil movement permit application.
(8)
For good cause, the reviewing/approving authority
may require full compliance by an excepted application with all ordinance
regulations for soil movement.
A.
Temporary suspension of permit.
(1)
The Borough 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, servants or employees and which is prejudicial to the public
health, welfare and/or safety. A nuisance may be declared to exist
only after a hearing before the Borough Council.
(2)
If, in the opinion of the Construction Officer or
the Borough Engineer, the work is being conducted in a manner which
immediately affects the public health, safety or welfare, the Construction
Officer may immediately suspend the permit. If the unacceptable condition
is corrected/eliminated, the Construction Officer may reinstate the
permit. Soil movement activities may not recommence until a written
reinstatement is issued by the Construction Officer. If the permit
is not reinstated by the Construction Officer within 72 hours of the
time the unacceptable condition is purported to have been corrected,
the permittee shall be entitled to a review of the suspension at the
next regular Council meeting by the Borough Council. In this case,
soil movement may not recommence until the Council passes a resolution
reinstating the permit, and any and all conditions in said resolution
are fully satisfied.
(3)
When, in the judgment of the Chief of Police or his
designee, soil movement operations cause a serious and continued impediment
to the passage of public traffic or endanger 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. In such cases
soil movement activities shall not commence until the Chief of Police
reinstates the permit in writing.
(4)
All complaints regarding soil movement from anyone
shall be submitted orally or in writing to the Borough Clerk, her
designee or the Police Department.
B.
Nonrefund of fees or charges on account of revocation
or suspension.
(1)
This subsection is hereby made a part of each and
every permit hereafter issued by the Borough and acceptance of such
permit shall constitute complete acceptance by the principal and surety
on any guaranties.
(2)
No fee or other charge (or portions thereof) shall
be refunded following revocation or suspension of any permit.
C.
Appeal to Borough Council for suspension or revocation.
Any person aggrieved by the action of the Construction Officer and/or
his representative(s), the Borough Engineer, the Chief of Police or
his duly authorized designee, the Environmental Commission, an individual
member of the Borough Council or the Borough Council's authorized
designee, with reference to suspension or revocation of a permit as
provided in this chapter, shall have the right to appeal to the Borough
Council within 14 days after notice of the action complained of. Appeals
shall be filed in writing with the Borough Clerk. Upon receipt of
an appeal, the Borough Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant.
The decision and order of the Borough Council on such appeal shall
be final and conclusive.
The approving authority, as appropriate, shall
at all times have the right, by resolution, to waive any one or more
of the provisions contained in this chapter when it is satisfied that
the waiving of such provision shall not adversely affect the Borough
or substantially impair the intent and purpose of this chapter, unless
this chapter specifically provides that there shall be no waiver of
a particular section or subsection.
A.
Any person who shall violate this chapter shall, upon
conviction thereof, pay the highest possible 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.
In addition to the above penalty, the Municipal Court
shall order restitution to be made by the person who has violated
this chapter; the restitution shall consist of restoration of the
property to the condition it was in prior to the violation in a manner
which is as practical as possible. The restitution shall be the cost
and expense of the person or persons who have violated this chapter
and the plan for restitution shall be approved by the Borough Engineer
prior to the actual restitution of the property being done. The restitution
shall consist of, but not be limited to, regrading, the placement
of topsoil, seeding and other revegetation, all of which must be approved
by the Borough Engineer prior to any work being done. No soil movement
permit shall be needed for this restitution of the property that is
the restoration to its prior condition provided the plan has been
approved in writing by the Borough Engineer.
C.
The Borough Council and/or Borough Planning Board
and/or Board of Adjustment, in its discretion, may order any person
who shall violate 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 Borough Council or Planning Board or Board of Adjustment within
a time frame established by that board. Failure to present an acceptable
plan of restoration and/or revegetation within the time period established
by the Borough Council and/or Planning Board and/or Board of Adjustment
shall constitute a violation of this chapter.
D.
The Borough Council and/or Planning Board and/or the Board of Adjustment, in its discretion, may require that, as a condition of any revised approval to allow the offending condition to remain, the violator take such steps to reduce the impact of the violation upon neighboring properties, including, but not limited to, the planting of landscaping or installation of drainage. In addition, such agency may impose an assessment, not to exceed $15,000, which shall be paid to the Borough of Alpine. Should the imposition of any such fee be reversed or otherwise set aside by a court of competent jurisdiction, the revised approval shall be null and void and the offending condition shall be eliminated by restoration of the original conditions as described in Subsection B above.
[Added 9-27-2017 by Ord.
No. 772]
The Borough Council shall at all times be the
final and ultimate power with respect to the issuance of permits as
provided by this chapter and the suspension, revocation or conditioning
of all soil movements.
