[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 12-16-1969 as Ch. 18 of the 1969 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 90.
Drainage facilities — See Ch. 113.
Sewers — See Ch. 193.
Streets and sidewalks — See Ch. 208.
Subdivision and site plan review — See Ch. 212.
Swimming pools — See Ch. 216.
Water — See Ch. 244.
Zoning — See Ch. 250.
Sewage disposal systems (Board of Health) — See Ch. 269.
Water supply systems (Board of Health) — See Ch. 278.
As used in this chapter, the following terms shall have the meanings
indicated:
Any earth, clay, loam, gravel, stone, sand, dirt or rock without
regard to the presence or absence of organic matter.
A.
No person shall excavate or otherwise remove soil for
sale or for use other than on the premises from which the soil shall be taken,
unless a permit therefor is first secured from the Borough Council, provided
that no permit shall be required for the removal of excess soil resulting
from cellar excavation or grading incidental thereto.
B.
No permit shall be required for grading resulting in
either soil removal or soil importation on premises included within approved
subdivisions and site plans.
[Added 12-15-1998 by Ord. No. 34-98]
A.
Application for a soil removal permit shall be filed with the Borough Engineer in triplicate, accompanied by the fee set forth in § 203-5, setting forth the following:
(1)
The name and address of the applicant.
(2)
The name and address of owner, if other than the applicant.
(3)
The description and location of the land in question,
including the Tax Map lot and block numbers.
(4)
The purpose or reason for moving the soil.
(5)
The kind and quantity, in cubic yards, of soil to be
removed.
(6)
The destination of soil to be removed.
(7)
The proposed date of commencement and completion of the
soil removal.
(8)
The name, address and telephone number of the person
having direct charge over the soil removal operation.
B.
The application shall be accompanied by a topographical
map, in triplicate, of the lands in question. Such map shall be prepared and
certified by a licensed professional engineer or licensed land surveyor on
a horizontal scale of not more than 100 feet to the inch, with contours at
a two-foot interval, and showing the following:
(1)
The present grades on a one-hundred-foot grid layout.
(2)
The proposed finished grades.
(3)
The quantity in cubic yards of the soil to be removed.
(4)
The grades of all streets and lots within 100 feet of
the property in question.
(5)
Proposed slopes and lateral supports.
(6)
Present and proposed surface water drainage.
(7)
The location of existing trees.
[Added 12-15-1998 by Ord. No. 34-98]
After receipt of an application for a permit as set forth in § 203-2, the Borough Council shall advise the applicant that the matter will be considered at a meeting to be held not less than 15 nor more than 30 days thereafter. Upon being advised of the date of the meeting for consideration of the application, the applicant shall serve written notice, either by personal service or by certified mail, return receipt requested, upon all property owners within 200 feet of the extreme limits of the property, as their names appear on the borough tax records. Such notice shall be served as aforesaid not later than seven days prior to the date of the meeting scheduled for consideration of the application. The applicant shall deliver an affidavit of service to the Municipal Clerk at least two days prior to the date of the meeting.
A.
Along with the application for a permit under this chapter,
there shall be deposited with the Borough Clerk a permit fee calculated in
accordance with the following schedule:
|
Cubic Yards of Soil to be Removed
|
Permit Fee
| |
|---|---|---|
|
Up to 500
|
$25.00
| |
|
Above 500
|
$75.00, plus a sum computed at $0.03 per cubic yard, multiplied by number
of yards
|
B.
The charge in accordance with the schedule hereinbefore
set forth includes all engineering and other services the borough may deem
desirable or necessary to assure an orderly soil operation in full compliance
with provisions of this chapter.
C.
Since the borough may have large areas of land which
need to be reclaimed or filled in and since it is an intended purpose of this
chapter to control the removal of soil, the Borough Council may waive the
fee required hereunder if soil is removed to fill or reclaim other lands in
the borough.
[Amended 12-15-1998 by Ord. No. 34-98]
A.
[Amended 12-15-1998 by Ord. No. 34-98]
In considering and reviewing applications for soil removal permits, the Borough
Council, Planning Board or Board of Adjustment shall be guided and will take
into consideration the public health, safety and general welfare, and particular
consideration shall be given to the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support slope and grades of abutting streets
and lands.
(5)
Land values and uses.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the borough,
such as wetlands or flood hazard areas.
B.
If, following the hearing during which all persons shall
be given an opportunity to be heard, the Borough Council shall be of the opinion
that the proposed soil removal will not create conditions detrimental to the
public health, welfare and safety and will not result in the creation of any
sharp declivities, pits or depressions, soil erosion or fertility problems
or depressed land values nor create any drainage or sewerage problem or hazardous
conditions, permission to remove soil shall be granted.
In the event that, in the opinion of the Borough Engineer, the soil
removal project, or any part thereof, has been abandoned or unnecessarily
delayed and completion cannot be within the time set forth in the soil removal
permit, then the Borough Engineer may so certify to the Borough Council in
writing, and after hearing, on seven days' notice to the permittee, in
writing, by certified mail, at the address on the permit application, the
Borough Council may revoke the permit or call upon any surety on the performance
guaranty to complete the project. In the event that a cash deposit guaranty
is posted, the borough may complete the project and deduct the cost thereof
from the deposit.
Prior to the issuance of a soil removal permit, the applicant shall
have posted with the borough a performance guaranty, conditioned upon full
compliance with all the terms and conditions of approval. The amount of the
bond shall be in accordance with recommendation of the Borough Engineer, which
amount shall be sufficient to insure the faithful performance of the work
to be undertaken as approved, and the form of the bond shall be approved by
the Borough Attorney.
If a permit to move soil is issued in accordance with the provisions
of this chapter, the operation conducted thereunder shall be subject to the
following conditions:
A.
The person receiving the permit shall agree, in writing,
to properly level off, remove debris and grade the premises to conform to
the contour lines established by the Borough Council.
B.
Operations shall be conducted only during the hours of
8:00 a.m. to 5:00 p.m. on weekdays. It shall be unlawful to conduct moving,
grading or excavating operations at any other time or on Sundays and legal
holidays.
C.
Soil removal operations shall be restricted to street
routes established by the Borough Council. Determination by the Council of
the street routes to be used shall be based on factors which contribute to
the best interests of the health, safety and welfare of the residents of the
borough.
D.
All reasonable means shall be employed by the person
conducting a soil removal or grading or excavating operation to prevent air
pollution by large quantities of dust and dirt. Such means may include but
are not necessarily limited to spraying water, oil or other dampening agents
on the surface of the ground.
E.
Permits for the moving of soil issued in accordance with
the provisions of this chapter shall not be transferable.
F.
The person receiving the permit shall not take away the
top layer of arable soil for a depth of 12 inches, but such layer of topsoil
shall be set aside and shall be respread over the premises when the rest of
the soil has been removed, in conformity to the contour lines approved by
the Borough Council.
Where soil removal is permitted, no person shall deposit soil upon,
fill in or raise the grade of any lot without first making provisions for:
A.
The use, in the work, of soil or such other materials
as will not result in deviation from the proposed final grades or the uniformity
thereof by reason of shrinkage or settlement.
B.
The collection and storage upon the lot of original topsoil
not being buried beneath soil or other material of inferior quality and the
uniform replacement of the topsoil so stored over the entire area or surface
of the fill soil or other material, so that the final grade of the replaced
topsoil shall be in accordance with the proposed final grades shown on the
topographical map. In the event that the requirement of the first sentence
of this subsection is not practicable, provision shall be made for the uniform
placement over the entire area or surface of the fill soil or other material,
except only such portions thereof as shall be or shall have become permanently
covered by a building or structure, street, pavement, curb, sidewalk, driveways
or other paved area, or by any body of water or waterway or a layer of topsoil
not inferior in quality to that of the original topsoil, to a depth of not
less than six inches, measured from the proposed final grades as shown on
the topographical map. The determination of quality which shall be the same
or better than as originally existed, as referred to hereinabove, shall be
by the county agricultural agent, in case of dispute between the permit holder
and the borough.
C.
The preservation of existing watercourses, in accordance
with the plans on file.
D.
The planting of shrubbery and trees as may be directed
by the Shade Tree Committee, or as may be required by this Code or other ordinances
of the borough.
E.
At no time will excavation be permitted to go below the
final grade as established by the approved plans.
F.
The seeding of the entire area upon completion of the
restoration of the topsoil in accordance with the requirements hereof. The
seed spread shall germinate to the extent that soil erosion by wind and water
will be limited. The seed shall be of perennial rye grass or comparable quality.
The permittee under this chapter shall, within 10 days after the end
of each month, furnish the Borough Engineer with certification, by a licensed
engineer or land surveyor, of the soil removed during the preceding month.
The Borough Engineer 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.
