[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-16-1969 by Ord. No. 947 (Ch.
112, Art. II, of the 1974 Code)]
No person, partnership or corporation shall
dig, excavate, remove, deposit, place, fill, grade, regrade or otherwise
engage in or permit others at his instance to engage in such action
which results or may result in the alteration of the topography or
contour of any land in the Borough of Totowa without having secured
a permit therefor.
[Amended 11-12-1974 by Ord. No. 1027; 2-9-1999 by Ord. No.
2-99]
A.
Applications for the permit required in § 336-10
above shall be submitted to the Construction Code Official and, in
making application for such permit, the Construction Code Official
shall be supplied by the applicant with detailed plans indicating
the work to be accomplished and the type and quantity of fill to be
placed in and upon the property.
B.
The plans and data from the applicant shall be subject
to the review and approval of the Municipal Engineer of the Borough
of Totowa. The cost of the review by the Municipal Engineer shall
be paid for by the applicant.
A.
The Construction Code Officer shall not issue such
permit in the event that from the plans it appears that the proposed
action shall create or cause one or more of the following conditions,
by reason of the subject property becoming higher or lower in elevation
than the contiguous property:
(1)
A serious erosion by wind or water.
(2)
Inadequate and improper surface water drainage or
a lack of the same.
(3)
A decrease in or destruction of the fertility of the
soil.
(4)
The removal of lateral support of abutting streets,
lands and premises.
(5)
The creation of excessive amounts of dust and the
deposit of such dust upon adjoining property, particularly buildings,
shrubbery and trees.
(6)
The deposit upon the streets of the Borough of large
quantities of mud, dirt or dust.
(7)
The creation of depressions which may form pools or
mosquito breeding places.
(8)
The creation of depressions and pits dangerous to
children.
(9)
The deterioration of adjoining property values.
(10)
The creation of other conditions hampering and
interfering with the coordinated and harmonious physical development
of the Borough.
B.
Permitted fill.
[Added 2-9-1999 by Ord. No. 2-99]
(1)
Permitted fill acceptable particle size shall not
be in excess of four inches and no more than 15% by weight passing
the No. 200 mesh sieve. Material shall be a blend of all sizes within
the acceptable range. The fill material shall not smell of petroleum
or give off other unnatural or toxic odors. Should the fill material
actually delivered to the site seem suspicious in any way, the subcode
official or Borough engineer may reject that material and have it
removed at the owners/contractor's expense.
(2)
Soil composition shall be as follows for the two types
of use:
(a)
Clean fill shall be placed as a subgrade material
under paved areas and areas to receive bearing material under foundations.
"Clean fill" shall be defined as material free of pesticides, deleterious
substances, organic matter, wood, plastic, cardboard, paper, metal
objects, gypsum board, rubble and soil-like pulverized construction
and demolition (C & D) debris. Acceptable clean fill materials
shall be limited to uncontaminated concrete and concrete products,
brick, glass, soil and rock within the particle size limits listed
above.
(b)
Horticultural clean fill shall be placed at
planting areas. "Horticultural clean fill" shall be defined as material
free of pesticides, deleterious substances, organic matter, wood,
plastic, cardboard, paper, metal objects, gypsum board, rubble, crushed
or pulverized C & D debris, in addition to concrete and concrete
products, brick and glass. Only soil and rock shall be deemed acceptable
for use as horticultural fill.
(3)
Method.
(a)
Permitted fill shall be placed in a manner that
will produce a reasonably well graded mass. The material shall be
constructed in successive horizontal layers not over six inches in
depth extending across the entire area of fill. Well graded material
shall be so placed and distributed that there will be no pockets of
single size solid material. Each layer shall be spread by a bulldozer
or other acceptable equipment and methods and shall be thoroughly
compacted by rolling with a self-propelled roller weighing not less
than 10 tons and shall be thoroughly and uniformly compacted to the
satisfaction of the Borough Engineer or subcode official before the
next successive layer is placed. In places where the character of
the material makes the use of this roller impracticable or where drains
or other construction may be damaged, a lighter roller or manually
guided compactor-vibratory plate type may be substituted to compact
the fill to the satisfaction of the Engineer or subcode official.
(b)
Hollows and depressions which develop during
the process of rolling and compacting shall be filled with acceptable
material and the subgrade shall again be compacted. This process of
filling and compacting shall be repeated until no depressions develop.
(c)
After compacting, the area shall be left in
a uniformly compacted, smooth, dense, true, firm, satisfactory and
evenly finished condition, free of irregularities, voids, compaction
planes, ridges or loose material. Deficiencies resulting from improper
placement or compaction shall be fully corrected by the contractor/owner.
(d)
Clean fill shall be compacted to 95% density.
[Amended 2-9-1999 by Ord. No. 2-99]
A.
The permit fee shall be the sum of $100 for each lot
7,000 square feet or less on which the operation will be engaged,
and for each lot in excess of that size, the fee shall be the sum
of $50 for each additional area of 7,000 square feet or less encompassed
in said lot.
B.
The applicant shall further deposit with the Borough
of Totowa the sum of $250 for the movement of up to 350 cubic yards
of soil, plus $0.25 per yard in excess of 350 cubic yards, to be held
in escrow to cover the cost of fees due the Municipal Engineer.
A.
The applicant shall be required to post a performance
bond with the Borough in such substance as will be deemed reasonable
by the Construction Code Officer, using the following as a standard:
$1,000 per 500 cubic yards or part thereof, and $1 per cubic yard
in excess of 500 cubic yards; but in no case shall the total bond
required be in an amount of more than $7,500.
[Amended 11-12-1974 by Ord. No. 1027]
B.
The Construction Code Officer shall determine the
amount, taking into account the nature and extent of the work to be
done; the type and character of the soil; the extent of the area over
which the operations are to be conducted; the extent and depth of
the various cuts and fills; the extent to which the area of operations
is wooded; the proximity of proposed operations to streets, buildings,
structures, natural or artificial streams or watercourses and the
general drainage conditions; and such other factors as may bear on
the operation.
C.
Said performance bond shall be conditioned upon the
full and faithful performance by the applicant of his obligations
hereunder and his desisting from adversely affecting other properties
as a result of his performance.
For the purpose of administering and enforcing
the provisions of this article, any duly authorized officer, agent
or employee of the Borough shall have the right to enter into and
upon the lands in or upon which said soil removal operations are being
conducted in order to examine and inspect such lands and the operations
thereon.
