[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.
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.
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]
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.
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.
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.
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.
A.
Applications for the permit required herein shall
be made to the Borough Engineer and shall consist of the following
documents and information:
(1)
A map of the premises showing the present contour
lines and the proposed future contour lines resulting from the intended
activity.
(2)
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.
(3)
The proposed dates of commencement and completion
of the intended activity.
(4)
Names and addresses of the owner of the premises and
the person who is to perform the intended activity.
(5)
Lot and block numbers of the premises as shown on
current tax maps.
(6)
Purpose of intended activity.
(7)
Type and quantity of soil to be removed from the premises,
if any, and the location to which the soil is to be removed.
(8)
Complete description of the intended activity and
all proposed changes to the premises.
(9)
Soil erosion and sedimentation control plan.
(10)
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.
(11)
Such other data as the Borough Engineer may deem necessary.
B.
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.
C.
There shall be nonrefundable application fees of $50,
plus engineering fees.
[Amended 12-27-1988 by Ord. No. 837-88]
A.
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.
B.
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:
A.
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.
B.
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:
A.
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.
B.
The applicant will repair all damage to all public
and private lands caused by the intended activity.
C.
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:
A.
No sharp declivities, pits or depressions shall be
created or remain following the intended activity.
B.
Lands shall be graded so as to conform to the contour
lines and grades of the approved application and shall be cleared
of debris.
C.
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.
D.
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.
E.
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.
F.
The extent of any land disturbance or soil movement
and the duration of its exposure shall be minimized.
G.
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during the intended activity.
H.
Provision shall be made for drainage to accommodate
increased runoff, if any, resulting from the intended activity.
I.
Drainage shall be minimized and retained on-site wherever
possible to facilitate groundwater recharge.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
