[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 9-9-1975 by Ord. No. 590-75. Amendments noted where applicable.]
It is hereby declared, determined and found to be the public policy within the Borough of Caldwell that uncontrolled and unregulated land disturbance and soil movement is detrimental to the public safety, health and general welfare of the Borough and its citizens. To carry out the aforesaid policy, the necessity of the enactment of this chapter is declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the meanings indicated:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance or soil movement activity.
- CRITICAL AREA
- A sediment-producing area severely eroded or endangered by severe erosion.
- Detachment and movement of soil, rock or other mineral or organic fragments by water, wind, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A detailed plan indicating necessary land treatment measures,
including a schedule of the timing for their installation or application,
which will effectively minimize erosion and sedimentation. Such measures
shall be at least equivalent to the standards contained herein or
as established by the Hudson, Essex-Passaic Soil Conservation District
if not covered specifically by this chapter.[Amended 7-13-1999 by Ord. No. 1073-99]
- INTENDED ACTIVITY
- The totality of all action contemplated by an applicant for a permit in the nature of land disturbance and soil movement.
- Any soil-bearing ground structure, including marshes, swamps, drainageways and areas not permanently covered by water.
- LAND DISTURBANCE
- Any activity, including but not limited to clearing, grading, transporting, cutting or filling, which causes land to be exposed to or endangered by erosion, to include the construction or relocation of unpaved paths, driveways, roads, highways and alleys.
- The application of plant residue or other organic materials to the land to conserve moisture, hold soil in place and aid in establishing plant cover.
- A certificate issued by the Borough Engineer to perform the intended activity pursuant to this chapter.
- Soil, rock or other mineral or organic fragments being or having been removed from their site of origin by air, water, ice or gravity as a production of erosion.
- SEDIMENT BASIN
- A pond or other retention facility built at suitable location to retain sediment.
- Earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence of organic matter.
- SOIL MOVEMENT
- To dig, excavate, remove, compact, deposit, fill, grade, replace, level, alter or change the location or contour of land or to transport or supply soil from one part of the land to another part of said land or to other land.
No person shall cause any soil movement or land disturbance within the Borough without having first obtained a permit from the Borough Engineer. The provisions of this chapter and requirement of a permit shall not apply to any soil removal or land disturbance covering a total area of 500 square feet or 5% of the total land area of the premises affected, whichever is lesser.
Applications for the permit required herein shall be made to the Borough Engineer and shall consist of the following documents and information:
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended activity.
The grade resulting from the intended activity in relation to the existing topography of the premises, which information may be included on the map referred to in the preceding subsection.
The proposed dates of commencement and completion of the intended activity.
Names and addresses of the owner of the premises and the person who is to perform the intended activity.
Lot and block numbers of the premises as shown on current tax maps.
Purpose of intended activity.
Type and quantity of soil to be removed from the premises, if any, and the location to which the soil is to be removed.
Complete description of the intended activity and all proposed changes to the premises.
Soil erosion and sedimentation control plan.
A schedule of the sequence of installation or application of planned erosion and sediment control measures as related to the progress of the intended activity.
Such other data as the Borough Engineer may deem necessary.
The applicant shall notify all owners of property contiguous to the affected premises of the purpose and scope of the intended activity by certified mail, proof of which notification shall be submitted with the filing of the application. A copy of the application shall be made available for inspection by the office of the Borough Clerk.
There shall be nonrefundable application fees of $50, plus engineering fees.
[Amended 12-27-1988 by Ord. No. 837-88]
The Borough Engineer shall review the application and within 21 days of its receipt approve the application and issue a permit or deny the application and advise the applicant of the reasons therefor.
The application shall be denied if in the opinion of the Borough Engineer the intended activity will be detrimental to the health, safety and general welfare of the Borough and its citizens when the following factors are taken into account:
Any applicant who is denied a permit by the Borough Engineer may, no later than 10 days following such denial, notify the Borough Clerk, in writing, of his intention to appeal such denial to the Borough Council.
Within 30 days following receipt of a notice of appeal by the Borough Clerk, the Borough Council shall conduct a hearing, at which time the applicant and Borough Engineer shall be heard, and a final determination shall be made by a vote of a majority of the Council members hearing the matter as to whether to affirm or reverse the prior action of the Borough Engineer in denying the permit. If the prior action is reversed, the Borough Engineer shall forthwith issue the permit if all other prerequisites have been met.
Before the permit is issued, the applicant shall file with the Borough Clerk a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the Borough Engineer, but in no event shall it be less than $1,000. The bond shall be conditioned as follows:
The applicant will complete the intended activity authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the completion date set forth in the application.
The applicant will repair all damage to all public and private lands caused by the intended activity.
All necessary soil erosion and sediment control measures installed or applied under this chapter shall be maintained for two years after completion of the requirements of the approved application. The Borough Engineer shall, upon request, issue to the applicant a certificate indicating the date of completion.
All intended activity authorized by a permit issued pursuant to this chapter will be accomplished in accordance with the following standards:
No sharp declivities, pits or depressions shall be created or remain following the intended activity.
Lands shall be graded so as to conform to the contour lines and grades of the approved application and shall be cleared of debris.
The top layer of soil to a depth of six inches shall not be removed from the premises, but shall be set aside and respread over the premises when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing of soil and sediment upon all surrounding public and private lands and shall be retained on-site wherever possible.
Whenever feasible, natural vegetation shall be retained and protected, to include all trees and shrubs which shall be replaced where feasible if they are removed by the intended activity.
The extent of any land disturbance or soil movement and the duration of its exposure shall be minimized.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during the intended activity.
Provision shall be made for drainage to accommodate increased runoff, if any, resulting from the intended activity.
Drainage shall be minimized and retained on-site wherever possible to facilitate groundwater recharge.
Diversions, sediment basins and similar structures as may be required shall be installed prior to any on-site soil movement or land disturbance except as may be necessary to the construction of said facilities.
To provide suitable growing conditions for vegetation and to prevent acidifying of drainage water from areas underlain with soil with a pH of less than 4.0, the intended activity shall expose a minimum of such acid soil formation which shall be covered with at least 12 inches of nonacid soil suitable for plant growth plus six inches of topsoil; brooks and ditches with such acid soil exposed shall be surfaced with trap rock and other suitable material to prevent water from flowing in contact with the acid formation; and ponds with exposed underwater acid shall be treated with lime and phosphate as needed to establish a suitable pH and provision made for such neutralization maintenance as required.
To provide suitable growing conditions for vegetation and to avoid unstable conditions and undesirable effects on buildings and lands to areas with a high water table, proper drainage shall be provided to ensure that cyclic high water table levels will be eliminated.
All intended activity performed under the terms and provisions of this chapter shall take place on weekdays, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., unless otherwise authorized by the Borough Engineer.
The removal of lawn sod shall be followed by immediate replacement of the soil removed with such sod and reseeding with grass or other vegetation as soon as practicable thereafter.
The terms and provisions of this chapter shall be enforced by the Borough Engineer, who shall make all necessary inspections during the course of any intended activity to ensure compliance. In the event of noncompliance, the Borough Engineer shall direct that the applicant take all necessary action to comply with the terms and conditions upon which the application was granted and permit issued; and in the absence of such corrective action, the permit shall be revoked. The revocation of a permit shall be deemed to be a violation of this chapter in the same manner as if the intended activity had been undertaken without a permit as prescribed in § 199-3 hereof.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person violating any provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or a combination thereof.