[HISTORY: Adopted by the Township Council of the Township of Cedar
Grove 1-7-1963, Ch. 19 of the former Revised Ordinances. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 119.
Flood damage prevention — See Ch. 140.
Public improvement specifications — See Ch. 201.
Subdivision of land — See Ch. 234.
Trees — See Ch. 246.
Zoning — See Ch. 268.
STATUTORY AUTHORITY
General police powers — See N.J.S.A. 40:69A-29.
Soil conservation as part of Master Plan — See N.J.S.A.
40:55D-28b(8).
As used in this chapter, the following terms shall have the meanings
indicated:
An excavator.
[Amended 4-6-1987 by Ord.
No. 87-288]
Any person who, within any period of 12 months, shall move more than
300 cubic yards of soil on any lot.
[Amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330]
Any parcel of land or portion thereof, the boundary lines of which
can be ascertained by reference to the maps or records in the office of the
Township Tax Assessor or in the office of the Essex County Register.
Any permit for the moving of soil which does not meet the definition
of a minor soil permit.
[Amended 11-21-1988 by Ord.
No. 88-330]
A permit for the moving of less than 800 cubic yards of soil, proposing
no retaining wall in excess of two feet in height at any point, and requiring
no exception from the requirements of this chapter.
[Amended 11-21-1988 by Ord.
No. 88-330]
[Amended 4-6-1987 by Ord.
No. 87-288]
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour, transport or supply;
provided, however, that nothing in this definition shall be construed to apply
to:
Digging, excavating and removing of soil from a lot which is to be displaced
by a building foundation, swimming pool or other structure pursuant to a validly
issued building permit.
Backfilling of foundations and other structures.
Plowing, spading, cultivation, 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 having title to any lot or having such other interest
or estate therein as will permit exercise of effective possession thereof
or dominion thereover.
Any earth, sand, clay, loam, gravel, humus, rock or dirt without
regard to the presence or absence therein of organic matter.
Any 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.
The Township Council does hereby find and declare that:
A.
Unregulated and uncontrolled relocation, filling, excavation
and removal of soil on a large scale by developers and excavators in and upon
lands in the Township has resulted in conditions detrimental to the public
health, safety and general welfare, substantially hampering and deterring
the efforts of the Township to effectuate the general purpose of municipal
planning.
B.
Continuation of the unregulated and uncontrolled relocation,
filling, excavation and removal of soil will result in serious and irreparable
damage to the public welfare by reason of consequent soil erosion by water
and wind; inadequate and improper surface water drainage; a decrease in or
destruction of the fertility of the soil; removal of lateral support of abutting
streets, lands and premises; creation of dust storms and places for mosquito
breeding; creation of dangerous depressions or pits; deterioration of property
values; rendering of lands unfit or unsuitable for their most appropriate
use; and creation of other factors and elements hampering and deterring the
coordinated, adjusted and harmonious development of the Township.
A.
No owner of any lot in the Township shall cause, allow, permit or suffer any soil, in and upon any lot in the Township, to be moved by any developer or excavator until such developer or excavator has first obtained a soil permit therefor as required by Subsection B of this section.
B.
No developer and no excavator shall move or cause, allow,
permit or suffer to be removed any soil in and upon any lot in the Township
unless and until such developer or excavator has obtained a soil permit therefor
issued by the Township Clerk in accordance with the provisions of this chapter.
C.
No soil moving permit shall be required for any soil
moving approved pursuant to the Municipal Land Use Law[1] as a part of a site plan application or for grading within a roadway
right-of-way or for installation of other improvements to be dedicated to
the public and approved as a part of a subdivision application.
[Added 4-6-1987 by Ord. No.
87-288]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 9-11-2000 by Ord.
No. 00-536]
An application for a soil moving permit shall be filed with the Township Planning and Zoning Coordinator and shall be accompanied by the fee prescribed in § 226-7. Application shall be made in duplicate, on forms prescribed by the Township and supplied by the Township Planning and Zoning Coordinator. The application shall set forth the following:
A.
The identity and location of the applicant.
B.
The description and location of the lands in question,
including metes and bounds.
C.
The identity and location of the owner of the lands.
D.
The purpose or reason for moving the soil.
E.
The kind and quantity, in cubic yards, of soil to be
moved.
F.
In case of removal, the place to which the soil is to
be removed and the kind and quantity of soil to be removed.
G.
The proposed date of completion of the work.
I.
A declaration as to whether the applicant seeks a major
soil permit or minor soil permit
[Added 4-6-1987 by Ord. No.
87288; amended 11-21-1988 by Ord.
No. 88-330]
J.
In the event that the applicant seeks exceptions pursuant to § 226-12.1, the applicant shall set forth the exceptions so sought. In addition, the applicant shall attach to the application a written statement setting forth the reason for the seeking of each such exception.
[Added 11-21-1988 by Ord.
No. 88-330[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
J as Subsection K.
K.
Such other pertinent data as the Township may require.
[Amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330]
The application for a soil permit shall be accompanied by the following:
A.
In the case of a minor soil permit, three copies of a
topographical map of the lot in question. In the case of a major soil permit,
nine copies of a topographical map of the lot in question. Said map shall
be prepared and certified and sealed by a licensed professional engineer.
The map shall be prepared at a scale not to exceed 30 feet to the inch if
the property in question consists of more than one acre and shall not exceed
20 feet to the inch if the property consists of one acre or fewer. The topographical
map shall include the following:
(1)
The present grades at two-foot intervals and the present
elevations at the corners of the lot.
(2)
The proposed grades at two-foot intervals and proposed
elevations at the corners of the lot and corners of proposed buildings, using
a designation different than those used for the present grades.
(3)
The grades and elevation of all streets, curbs, manholes,
inverts and other appurtenances not underground within 50 feet of the lot.
(4)
All easements and utility lines on the lot, including
the elevations of manholes, inverts and other appurtenances not underground.
(5)
The present grades at two-foot intervals of all adjacent
properties to a distance of at least 15 feet from the lot in question, including
the location of any structures within such 15 feet.
(6)
The location and size of proposed structures, with first
floor and basement elevations of all proposed buildings.
(7)
The quantity of fill for which the soil moving permit
is sought, together with the calculations used to arrive at such determination
of quantity. The quantity shall be calculated by accepted earthmoving computations,
such as the end area method. The quantity of soil to be moved shall be certified
as accurate by a licensed professional engineer or licensed land surveyor.
(8)
Details of retaining walls and other structures proposed
for support of soil, together with elevations of proposed grade above and
below any retaining wall and at the top of the wall. Such retaining walls
shall be of a design approved by the Township Engineer.
(9)
The elevations of proposed driveways and walkways.
(10)
The location, elevation and detail of swales and other
means for the disposition of surface water.
(11)
A notation as to the method of restoration of disturbed
areas and the method and ground cover to be used for stabilization of slopes
created by the soil moving.
(12)
All elevation shall be computed based on United States
Coast and Geodetic Survey datum.
B.
In the case of a minor soil permit three copies of a
topographical map of the lot in question. In the case of a major soil permit,
nine copies of a topographical map of the lot in question. Such profile shall
be prepared and certified and sealed by a licensed professional engineer.
The drawing shall be prepared at a scale of not more than 20 feet to the inch.
At least three sections shall be provided, one each at the property side line
and one through the middle of the property. Additional sections shall be provided
in the event that the required sections are more than 50 feet apart. The Township
may require yet additional sections if, in its determination or that of its
agents, the drawings are inadequate to show the effect of the soil moving.
The cross sections shall contain the following information.
(1)
The location and size of existing and proposed structures,
including elevations. With reference to buildings, the basement elevation
and first-floor elevation shall be shown, but otherwise it shall not be necessary
to show any portion of the building five feet above the higher of the proposed
or existing grade.
(2)
The existing grade from the front property line to the
rear.
(3)
The proposed grade from the front property line to the
rear.
(4)
Any proposed cut shall be shown as a shaded area, and
the area of proposed fill shall be shaded by diagonal lines.
C.
A set of colored photographs of the property in question.
The following photographs shall be required: one taken from the center line
of the street toward the center of the frontage of the property in question;
one from each corner or jog in the boundary line of the perimeter of the property
taken toward the center of the property. Each such photograph shall be eight
inches by 10 inches and shall be numbered and dated. Along with the photographs,
the applicant shall submit a map of the property, drawn to scale, showing
the number of the photograph taken at each location, each such location and
providing a directional arrow for the direction in which the photograph was
taken.
D.
On any application in which there is a retaining wall
proposed of any height, the applicant shall submit an unqualified certification
from a licensed professional engineer that the retaining wall proposed, and
its design, is adequate and appropriate to retain the soil proposed to be
retained and for the purposes intended as shown on the plan.
E.
(Reserved)
F.
In the case of a minor soil permit, three copies of a tree inventory map, and tree removal plan as required by Chapter 246, Trees. In the case of a major soil permit, nine copies of a tree inventory map, and tree removal plan as required by Chapter 246, Trees. Said map shall be prepared by and certified and sealed by a licensed professional engineer. The tree inventory map shall show each tree on the property in question which is four inches in caliper or greater, measured at a height of three feet above the ground, and shall depict the species and size of each such tree. The tree removal plan shall be submitted and reviewed in accordance with Chapter 246.
A.
Every applicant for a major soil permit shall give all
property owners within 200 feet of the extreme limits of the property, as
their names appear on the Township tax records, at least 10 days' written
notice of the hearing on the application. The notice shall be given in person
or by registered or certified mail and shall state the time and place of the
hearing, as fixed by the Township Planning and Zoning Coordinator; a brief
description of the property; and that a copy of the application and map has
been filed with the Township Planning and Zoning Coordinator for public inspection.
[Amended 4-6-1987 by Ord.
No. 87-288; 9-11-2000 by Ord.
No. 00-536]
B.
In addition to the requirements of Subsection A of this section, the applicant shall also cause notice of the hearing to be published in the official newspaper, designated as such by the governing body, at least 10 days prior to the hearing.
C.
Prior to the hearing, the applicant shall submit the
following:
[Amended 4-6-1987 by Ord.
No. 87-288]
[Amended 4-6-1987 by Ord.
No. 87-288; 9-12-1988 by Ord.
No. 88-322]
A.
The application fee for a minor soil permit shall be
$500. A fee of $75 shall be paid in connection with each revision.
B.
The application fee for a major soil permit shall be
$1,500. A fee of $150 shall be paid in connection with each revision. For
the purpose of computing such fee, the statement set forth in the application
of the number of cubic yards to be moved shall be deemed prima facie correct.
[Amended 4-6-1987 by Ord.
No. 87-288; 9-11-2000 by Ord.
No. 00-536]
The Township Clerk shall forward all applications for minor soil moving permits and major soil moving permits to the Township Engineer. The Township Engineer shall inspect the property prior to any soil moving and submit a written report to the Township Planning and Zoning Coordinator regarding his review of the application within 30 days after the filing of the application, together with his recommendation for the amount of the performance guarantee required by Chapter 226, § 226-13. Upon receipt of the Township Engineer's report, the Township Planning and Zoning Coordinator shall schedule a hearing date before the Planning Board and forward a copy of the application for the major soil moving permit, together with all submissions made at the time of application and required by the Township Engineer, to the members of the Township Planning Board.
[Added 1-9-1978 by Ord. No.
77-64; amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330; 9-11-2000 by Ord.
No. 00-536]
Notwithstanding anything contained in this chapter to the contrary,
in determining whether an applicant is eligible for a minor soil permit or
must apply for a major soil permit, the total amount of soil that an applicant
has applied to remove within a three-year period will be used; and, when an
applicant requests that he be permitted to remove any amount of soil that
will result in his having applied to remove a cumulative total in excess of
800 cubic yards within said three-year period, he shall be required to acquire
a major soil permit, irrespective of the fact that such applicant shall not
have requested permission to remove in excess of 800 cubic yards in any one
permit application. In addition, any time such an applicant shall have applied
for and received a major soil permit, he shall be required to apply for and
secure either a major or minor soil permit, as applicable, for any work done
subsequently, not specifically covered by the major soil permit, and shall
be subject to having to secure an additional major soil permit should said
applicant once again apply for a series of minor permits which result in requests
totaling in excess of 800 cubic yards since the last major soil permit, within
a three-year period. Additionally, notwithstanding anything contained in this
chapter to the contrary, in the event that the Township Engineer determines
that an application for a minor soil permit, as defined in this chapter, deserved
further review based upon its impact on the lot in question or surrounding
properties, he may reject the application for a minor soil permit and direct
the applicant to apply for a major soil permit.
[Amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330; 9-11-2000 by Ord.
No. 00-536]
The Township Engineer is hereby authorized to approve applications for
minor soil moving permits, and upon such approval, the Township Planning and
Zoning Coordinator shall issue such a permit and forward a duplicate copy
to the Township Manager. The Township Engineer's written decision with reference
to any minor soil moving permits shall be rendered within 30 days after receipt
of a complete application by the Township Planning and Zoning Coordinator.
[Amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330; 9-11-2000 by Ord.
No. 00-536]
Within 90 days after the Township Planning and Zoning Coordinator has
received a complete application for a major soil moving permit, the Township
Planning Board shall conduct a hearing and grant or deny the permit, with
or without conditions. The Township Planning and Zoning Coordinator shall
then issue the permit in accordance with the decision of the Township Planning
Board. A copy of the permit shall be forwarded to the Township Manager, Township
Engineer and Construction Official.
[Amended 4-6-1987 by Ord.
No. 87-288; 11-21-1988 by Ord.
No. 88-330; 9-11-2000 by Ord.
No. 00-536]
In considering and reviewing applications for minor and major soil permits,
the Township Planning Board and Township Engineer shall be guided by the general
purposes of municipal planning and the following standards:
A.
In development of land, natural grades should be preserved
wherever possible, and soil moving shall only be permitted when good and sufficient
reason appears for such soil moving.
B.
No soil moving shall be permitted to result in any increase
of velocity or change in direction of surface water runoff without such water
being appropriately managed on site so as to not adversely affect other properties.
C.
No soil moving shall be permitted which shall result in the removal or destruction of trees in violation of the standards established under the Tree Removal Ordinance of the municipality, Chapter 246, Trees. In all respects, the applicant shall provide a method for protection of trees acceptable to the Township, provide welling or mounding where appropriate and provide for mitigation in the event of tree removal.
D.
No soil moving shall be permitted if an applicant merely
proposes to raise or lower the general level of a lot in relation to adjacent
properties.
E.
No soil moving permit shall be issued if the proposed
soil moving would have any reasonable conceivable detrimental impact upon
any person, surrounding property or the municipality.
F.
All proposed structures shall be situate on a lot so
as to require the least amount of soil moving as is practical.
G.
In connection with the construction of any building requiring
soil moving, the following additional standards shall apply:
(1)
The basement floor elevation shall be set no higher than
the average elevation of the natural grade within the area of the proposed
building.
(2)
Construction disturbance of the land shall be limited
to a perimeter of 15 feet from the sides and rear of the foundation, except
for driveway access to the building.
(3)
In the event that a level area for construction of the
building must be created by soil moving, the area shall be created by a cut
on the uphill side and fill on the downhill side. Such cut and fill must be
adequately retained, and a certification by the applicant's engineer that
the proposed method of soil retention is adequate must be submitted without
qualification or exception. No construction shall begin on the lot until the
land where the building is to be located shall be prepared for construction
and all necessary cut and fill, together with the approved method of retaining
the soil, has been completed on the lot. In this regard, no foundation footing
shall be constructed until the building site has been properly prepared. Additionally,
all buildings and structures shall be designed with footings extending to
stable soil with proper lateral supports.
H.
No slope created by soil moving shall be permitted to
exceed a grade which rises or falls one foot vertically for every two feet
horizontally.
[Added 4-6-1987 by Ord. No.
87-288]
The following exceptions to the standards established in § 226-12 of the Code of the Township of Cedar Grove shall be permitted:
A.
In the event that the elevation of any building established by § 226-12 shall create a situation where driveway access would exceed a slope of 18%, configured in the most gradual manner possible, an applicant may obtain relief to raise the floor elevation of the building to achieve such grade.
B.
In the event that the grading of the disturbed area on a one-on-two slope at a point 15 feet from any building as required by § 226-12 cannot practically be accomplished and meet acceptable engineering design standards for retaining the soil, an applicant may obtain relief to extend the fifteen-foot disturbance area to an extent beyond 15 feet as may be minimally required to meet acceptable engineering design standards for a retaining wall or other structure designed to retain the soil.
C.
In any other case, the applicant may seek exception to
the provisions of this chapter based upon a showing of hardship.
D.
In granting any such exception, the applicant shall only
be permitted to move as much soil and disturb as little land area as is reasonably
possible beyond the standards. No relief granted under this section shall
be granted if the applicant has created his own hardship by the particular
design of a structure or in any other manner.
E.
An exception to the standards contained in this chapter
may only be granted by the Township Council after a hearing which shall be
conducted with notice to adjacent property owners.
No major soil permit shall be issued unless and until the applicant therefor shall have posted with the Planning Board a performance bond, in form and with surety approved by the Township Attorney, and in such amount as the Township Engineer shall determine. The bond shall be conditioned upon full and faithful performance by the applicant, as principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the soil permit issued pursuant thereto. Said bond shall not be deemed canceled or released except as provided in § 226-16.
[Amended 4-6-1987 by Ord.
No. 87-288]
At the request of the Township Engineer, every developer or excavator
to whom a major soil permit has been issued shall file with the Township Engineer
a topographical map, in duplicate, prepared and certified by a licensed professional
engineer or a licensed land surveyor, showing the contours of the area at
a point when approximately 1/3 of the soil has been moved and again at the
point when approximately 2/3 of the soil has been moved.
[Amended 11-21-1988 by Ord.
No. 88-330; 9-11-2000 by Ord.
No. 00-536]
A.
Every developer or excavator, upon completion of the
work for which a major soil permit has been issued, shall forthwith file with
the Township Engineer:
B.
The map shall be drawn to the same scale as the topographical
map submitted with the application and shall show the final grades on a one-hundred-foot
grid layout.
C.
In the event that any retaining walls were constructed
on site, the applicant shall submit an unqualified certification from a licensed
professional engineer that the retaining wall or walls was constructed under
his supervision and that the walls were properly constructed and are adequate
to support and retain the soil proposed to be retained.
[Amended 9-11-2000 by Ord.
No. 00-536]
The Township Engineer shall not recommend to the Planning Board that the applicant's performance bond posted pursuant to § 226-13 be canceled or released until after all conditions set forth in the original permit have been met. The Township Engineer shall notify the Planning Board within 31 days of the filing of said topographical map of his approval or disapproval thereof and of any objections he may have to the cancellation or release of the applicant's performance bond.
A.
No developer or excavator shall move topsoil in or upon
any lot unless provisions are made for the storage of the topsoil within the
boundary lines of said lot.
B.
Except as hereinafter otherwise provided in this section,
all topsoil so stored shall be uniformly replaced over the entire area or
surface of the lot on or before the completion date set forth in the soil
permit, so that the final grade or grades of the replaced topsoil shall be
in accordance with the proposed final grades shown on the topographical map.
C.
No developer or excavator shall remove any topsoil to
any point beyond the boundary lines of the lot, unless and until topsoil,
not inferior in quality to that to be removed, shall first have been replaced
uniformly to a depth of not less than six inches, measured from the proposed
final grades as shown on the topographical map, over the entire surface or
area of the lot. The requirement of this subsection shall not apply to those
areas of the lot that shall have been, since the date of filing of said topographical
map, permanently covered by a building or structure, street, pavement, curb,
sidewalk, driveway or other paved area or by any body of water or waterway.
D.
In no event shall the developer or excavator remove from
the lot more topsoil than that comprising the surplus or excess remaining
after the replacement of the topsoil as aforesaid.
No developer or excavator shall, at any time in the course of the work,
dig or excavate more than six inches below the proposed final grades as shown
on the topographical map unless:
A.
The major soil permit specifies otherwise and the performance bond, referred to in § 226-13 hereof, makes specific provision for replacement, on or before the completion date set forth in the soil removal permit, of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map; or
B.
After issuance of the major soil permit, the developer
or excavator, before digging or excavating below the maximum level, shall
apply to the Township Planning Board for an amendment of the application and
topographical map then in effect. Such amendment may be granted upon such
terms as the Planning Board may deem necessary to assure adherence to the
purposes and objectives of this chapter.
[Amended 9-11-2000 by Ord.
No. 00-536]
A.
No developer or excavator shall deposit soil upon, fill
in or raise the grade of any lot without first making provisions for:
(1)
The use in said work of soil or other materials as will
not result in deviation from the proposed final grades or the uniformity thereof
by reason of abnormal shrinkage or settlement.
(2)
The collection and storage upon the lot of the original
topsoil, so that said topsoil shall not be buried beneath soil or other material
of inferior quality.
(3)
The uniform replacement of the topsoil stored over the
entire area or surface of the fill soil or other material, so that the final
grades of the replaced topsoil shall be in accordance with the proposed final
grades shown on the topographical map.
B.
In the event that such storage and replacement as provided in Subsections A(2) and (3) of this section is not practicable, then provision shall be made for the uniform placement, over the entire area or surface of the fill soil or other material, of 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; excepting only those portions thereof as shall be or shall have become permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway.
In the removal of soil, only such streets of the Township shall be used
for transportation as may be designated for that purpose by the Township Engineer.
The permittee shall keep such streets free from dirt resulting from such soil
removal work.
For the purpose of administering and enforcing this chapter, any duly
authorized officer, agent or employee of the Township shall have the right
to enter into and upon any lands, in or upon which soil moving or removal
operations are being conducted, to examine and inspect such lands.
[Amended 7-30-1984 by Ord.
No. 84-222; 4-6-1987 by Ord.
No. 87-288; 9-11-2000 by Ord.
No. 00-536; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000 or by imprisonment for
a term not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
In addition, no certificate of occupancy shall be issued to any person for
any property where there exists a violation of this chapter. The Township
Engineer shall be authorized to issue said penalties in the event a violation
occurs.
