Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 9-14-2006 by Ord. No. 2006-19. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 153.
Flood damage prevention — See Ch. 164.
Land development procedures — See Ch. 194.
Property maintenance — See Ch. 225.

§ 245-1 Legislative purpose.

A. 
The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill has resulted and can result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Borough of Netcong to effectuate the general purpose of municipal planning, and must be controlled.
B. 
The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill 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; increased flooding and flood damage both within and without the Borough; the decrease in or destruction of the fertility of soil; the decrease of structural integrity of the Borough roadways; the removal of lateral support of abutting streets, land and premises; the creation of dust storms and mosquito breeding areas; the creation of dangerous depressions; the deterioration of property values; the rendering of lands unfit or unsuitable to their most appropriate uses; and the creation of other factors and elements affecting the coordinated, adjusted and harmonious physical development of the Borough, and must be controlled and regulated.

§ 245-2 Purpose.

The purpose of this chapter shall be to prevent the unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill by property owners, developers and excavators which may result in conditions detrimental to the public safety, health, and general welfare, substantially hampering and deterring the efforts of the Borough to effectuate the general purpose as expressed herein.

§ 245-3 Definition.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person or entity who, either directly or through an employee, agent or independent contractor, or any other representative, engages or intends to engage in depositing, storing, excavating, removing, moving on-site, grading, or regrading 20 cubic yards or more of soil and/or fill, as defined in this chapter, from, to, or upon any lot, lots, or parcel of land within the Borough.
ENGINEER
The Borough Engineer or board engineer (whoever has jurisdiction for said permit).
EXCAVATOR
Any person who deposits, stores, excavates, removes, moves, grades, or regrades soil and/or fill.
LOT
Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, either, in the office of the Tax Assessor of the Borough or in the office of the Morris County Clerk. For the purposes of this chapter, a lot shall also be deemed to be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, either in the office of the Tax Assessor of the Borough or in the office of the Morris County Clerk.
MAJOR SOIL PERMIT
Any soil permit, other than a minor soil permit, for the moving of soil and/or fill within any period of 12 consecutive months.
MINOR SOIL PERMIT
Shall apply to any of the following activities: (1) all activities involving the moving of soil and/or fill on individual lots where such activity is not, and has not been within the past five years, subject to site plan, subdivision and/or variance approval; or (2) activities involving the moving of less than 200 cubic yards of soil and/or fill within any 12 consecutive months; provided, however, that if two or more applications in any period of 12 consecutive months involve the moving of more than 200 cubic yards cumulatively, such applications shall require a major soil moving permit.
MOVE
To dig; excavate; remove; deposit; place; fill; grade; regrade; level or otherwise alter or change the location or contour; or to transport or to supply soil and/or fill. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil and/or fill or any other operation usually and ordinarily associated with the tilling of soil and/or fill for agricultural or horticultural purposes, landscaping and gardening by homeowners or agents of homeowners, provided it does not alter existing drainage patterns.
OWNER
Any person seized in fee simple of any lot or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock, boulders, or dirt, without regard to the presence or absence therein of organic matter, including any synthetic substance used as a substitute or in conjunction with soil.
SOIL PERMIT MODIFICATION
Shall apply to any of the following circumstances:
A. 
Extension of the termination date of a previously issued soil permit for a period of one year or less;
B. 
A change in the location of the disposal or borrow site of a previously issued soil permit where such change would not involve transport over local streets different from those designated as the route of travel in the previously issued permit;
C. 
A change in the route of travel over federal, state or county roads to/from the disposal/borrow site of a previously issued soil permit; and
D. 
A change of less than 200 cubic yards in the quantity of soil and/or fill to be moved pursuant to a previously issued soil permit, provided that the cumulative quantity of soil moved does not exceed 200 cubic yards within any 12 consecutive months.
SUITABLE FILL
Suitable materials shall include but not be limited to materials such as earth, clay, gravel, stone, dirt, etc. as determined by the Engineer.
TOPSOIL
Soil and/or fill 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.
UNSUITABLE FILL
Unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, large rocks, wooden logs, etc. as determined by the Engineer.

§ 245-4 Soil moving permit required.

No owner, applicant, excavator, or other person or entity shall move or cause, allow, permit or suffer to be moved 20 or more cubic yards of soil and/or fill in or upon any lot in the Borough until a soil moving permit therefor shall first have been issued in accordance with the provisions of this chapter.

§ 245-5 Application for minor soil moving permit.

The procedure for applying for and issuance of a minor soil moving permit shall be as follows:
A. 
Applications for minor soil permits shall be filed with the Borough Engineer and shall be accompanied by the fee prescribed in § 245-9(1) of this chapter. Applications shall be made in triplicate, on forms prescribed by the Borough and supplied by the Borough Engineer. In addition to any other requirements that the Borough, acting through the Borough Engineer, may require on data pertinent to the application, the application shall show the following:
(1) 
The name, address and telephone number of the applicant.
(2) 
The lot and block numbers and street address of the lot or lots involved.
(3) 
The name, address and telephone number of the owner of the property.
(4) 
The purpose or reason for the moving of soil and/or fill.
(5) 
The kind and estimated maximum quantity in cubic yards of soil and/or fill to be moved.
(6) 
The maximum amount of soil and/or fill to be moved in any one day.
(7) 
The proposed date of start and completion of the work.
(8) 
The applicant shall submit an integral soil and/or fill erosion and sedimentation control plan. This plan shall be approved by the Morris County Soil Conservation District where applicable.
(9) 
The applicant shall submit an existing topographical map in accordance with the requirements of § 245-7C and a proposed grading and drainage plan.
(10) 
The destination of soil and/or fill to be moved, the route over which the material will be transported; the hours of operation, whether it be actual excavation or soil and/or fill moving activity; or the transporting of soil and/or fill shall be set forth in the application. Additionally, all safety procedures and precautions which shall be taken shall be enumerated in the application as well as the method of storage of any soil and/or fill on any property within the Borough and all procedures which shall be followed for the storage of soil and/or fill which will ensure that the subject property, abutting properties, any other properties, driveways, walkways, streets, and other facilities will not be adversely affected by the storage of said soil and/or fill, and this shall include, but not be limited to, all soil and/or fill erosion and sediment control measures which shall be implemented.
(11) 
The name, address, and telephone number of the person having direct charge over the soil and/or fill moving operation.
(12) 
The name, address and telephone number of the excavator, contractor, or person having express charge, supervision, and control of the actual site excavation or soil and/or fill moving.
(13) 
An alternate person, address, and phone number, who may be contacted in the event the person or persons listed in Subsection A(11) or (12) above are not available.
(14) 
An applicant proposing to import soil and/or fill, excepting screened topsoil, shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Borough Engineer that such soil/fill is clean and free of chemical, biological or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.
(15) 
The applicant shall submit a certification from a licensed professional engineer or wetlands expert verifying that there are not wetlands located on the property or within 150 feet of the proposed limits of disturbance. If there is any indication that there are wetland areas within the confines of the lot which is the subject of the soil moving application or within 150 feet of the limits of disturbance, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map and said letter of interpretation shall be submitted to the Borough prior to the issuance of any soil moving permit by the Borough.
B. 
The Borough Engineer, upon receipt of the application, shall make a field investigation and shall issue the permit or deny it, giving the reasons for denial. The Borough Engineer will forward a copy of the permit to the Borough Clerk, the Planning Board and one copy to the applicant and shall retain one copy on file. The Borough Engineer shall classify any minor soil application as a major soil application if he finds that the application should be considered as part of a site plan or subdivision application, or that the application may present drainage or erosion problems, or that it may adversely affect abutting property, or other property.
C. 
The moving of soil and/or fill in, to, or from floodplains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained.

§ 245-6 Application for soil permit modification.

The procedure regarding application for and issuance of a soil permit modification shall be as follows:
A. 
Applications for soil permit modification shall be filed with Borough Engineer and shall be accompanied by the fees prescribed in § 245-9A(3) and C hereof. Applications shall be made in triplicate, on forms prescribed by the Borough and supplied by the Borough Engineer. In addition to any information which the Borough Engineer may require pertinent to the application, the application shall include the following:
(1) 
A copy of the previously issued soil permit as to which modification is being sought;
(2) 
Copies of all previously issued modifications and/or extensions of the soil permit for which modification is being sought;
(3) 
Copies of all site plan, subdivision and/or variance approvals previously issued in connection with the activity to which the subject soil permit applies;
(4) 
A brief description of the proposed permit modifications, including the type and estimated quantity of soil movement to which the modifications would apply, and any new borrow or disposal sites being proposed;
(5) 
An updated copy of the existing topographical data and a proposed grading and drainage plan.
(6) 
An updated copy of the integral soil and/or fill erosion and sedimentation control plan. This plan shall be approved by the Morris County Soil Conservation District where applicable.
(7) 
If necessary, an updated approval from the New Jersey Department of Environmental Protection for the moving of soil and/or fill in, to or from floodplains.
(8) 
The applicant shall submit a certification from a licensed professional engineer or wetlands expert verifying that there are not wetlands located on the property or within 150 feet of the proposed limits of disturbance. If there is any indication that there are wetland areas within the confines of the lot which is the subject of the soil moving application or within 150 feet of the limits of disturbance, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map, and said letter of interpretation shall be submitted to the Borough prior to the issuance of any soil moving permit by the Borough.
B. 
Upon receipt of the application, the Borough Engineer may conduct a field investigation and shall issue the permit modification or deny it, giving the reasons for denial. The Borough Engineer will forward a copy of the permit modification to the Borough Clerk, Planning Board, and the applicant. The Borough Engineer shall classify any soil permit modification as a major soil permit application if he finds that the application should be considered a part of a site plan or subdivision application, or that the application may present drainage or erosion problems, or that it may adversely affect abutting property or other property.

§ 245-7 Application for major soil moving permit.

The procedure for applying for and issuance of a major soil moving permit shall be as set forth in this section.
A. 
Forms; contents. On forms prescribed and supplied by the Planning Board, the applicant shall set forth, in duplicate to the Planning Board, with carbon copies to the Engineer and Zoning Enforcement Official's office:
(1) 
The name, address and telephone number of the applicant.
(2) 
The names, addresses and telephone numbers of the owners of the premises.
(3) 
If the soil moving application is submitted in conjunction with site plans and subdivisions and the applicant or owner is a corporation, the names, addresses and telephone numbers of the officers of the corporation, the board of directors and each and every stockholder of record possessing greater than ten-percent interest in the stock of the corporation.
(4) 
The relationship between the applicant and the owners.
(5) 
The interest that the applicant has in the lands in question.
(6) 
The description of the lands in question, including lot and block numbers of the lot or lots involved and street addresses.
(7) 
The purpose or reason for moving the soil and/or fill and whether it will be done in connection with a proposed subdivision; if so, the date of filing the application for subdivision and the approval date of the subdivision.
(8) 
A detailed statement or the method of process to be employed for the excavation and the proposed time period for moving.
(9) 
The kind and quantity in cubic yards of the soil and/or fill to be moved or removed.
(10) 
In case of deposit, removal, or replacement of soil and/or fill, the place to which the soil and/or fill is to be deposited, removed, or replaced and the place from which the quantity of soil and/or fill to be deposited, moved, or removed, in fill and excavation, and the transportation route to be used within the Borough.
(11) 
The proposed date of the start and completion of the work, including hours and days of operation.
(12) 
The name, address and telephone number of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work. If this information is not available at time of application, it shall be provided to the Borough Engineering Department in writing before any construction commences.
(13) 
The number, capacity, type and description of each piece of equipment to be used in the operation and the number of truckloads to be moved.
(14) 
The routes over which the material will be transported and the method of traffic control.
(15) 
The method of abating noise and dust in the operation.
(16) 
The means of assuring lateral support and preventing erosion, floods and washing of silt into streams.
(17) 
The submission of an integral soil and/or fill erosion and sedimentation control plan. This plan shall be approved by the Morris County Soil Conservation District where applicable.
(18) 
The means of protecting neighboring properties, or any other properties which may be affected, from the effects of the operation.
(19) 
If deemed appropriate by the Engineer, the applicant shall supply a certificate from a surveyor licensed in the State of New Jersey that the applicant has placed or caused to be placed stakes at each corner of the lot or lots on which soil and/or fill is to be moved, and further, that the applicant has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of this chapter, clearly marked to indicate the soil cuts and/or fill.
(20) 
In the event that the moving of said soil and/or fill is in connection with development or subdivision, all of the information required under the terms of the applicable subdivision ordinance of the Borough.[1]
[1]
Editor's Note: See ch. 194, Land Development Procedures, Art. VII.
(21) 
Such other pertinent data as the Planning Board of the Borough may hereinafter reasonably require.
(22) 
The moving of soil and/or fill in, to, or from floodplains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained.
(23) 
The applicant shall submit a certification from a licensed professional engineer or wetlands expert verifying that there are not wetlands located on the property or within 150 feet of the proposed limits of disturbance. If there is any indication that there are wetland areas within the confines of the lot which is the subject of the soil moving application or within 150 feet of the limits of disturbance, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map, and said letter of interpretation shall be submitted to the Borough prior to the issuance of any soil moving permit by the Borough.
(24) 
The applicant proposing to import soil and/or fill shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Borough Engineer that such soil/fill is clean and free of chemical, biological, or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.
B. 
Signatures. Said application shall bear the signature of the applicant and the endorsement of the owner or owners of said lands signifying approval of the application, consent to the applicant to perform the proposed work and consent to the Borough, in the event of failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this chapter.
C. 
Topographical map.
(1) 
Accompanying the application shall be four prints of a topographical map of the lot upon which the proposed soil cut and/or fill moving operations are to be conducted. Said map shall show surrounding lands within 25 feet of the perimeter of the disturbed area and shall be prepared and certified by a licensed land surveyor of the State of New Jersey. The map shall include the following:
(a) 
Scale of not less than one inch equals 50 feet;
(b) 
Existing and proposed contours at a two-foot interval;
(c) 
All existing and proposed structures;
(d) 
All existing and proposed roads within 200 feet of the site;
(e) 
Location of topsoil storage areas; and
(f) 
Elevation of the water table if it is within eight feet of the final proposed grade or a certification that the water table is not within eight feet of the proposed final grade.
(2) 
Where a soil moving permit is sought in connection with a subdivision or site plan and a grading plan is submitted as part of the site plan or subdivision application, if the Engineer is satisfied that the grading plan adequately depicts the disturbed area with respect to the amount of soil to be relocated, then, at the discretion of the Engineer, a separate plan would not be necessary as part of the application for a soil moving permit.
D. 
Inspection of site.
(1) 
The Engineer shall make an inspection of the site on which soil and/or fill is to be moved and shall make or cause to be made such engineering studies as may be required to determine the effect of the movement of soil and/or fill on the location as it relates to:
(a) 
Soil and/or fill erosion by water and wind.
(b) 
Surface and subsurface water drainage.
(c) 
Soil and/or fill fertility.
(d) 
Lateral support of abutting streets and lands.
(e) 
Public health and safety.
(f) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
(2) 
Where the Engineer has deemed stakes appropriate pursuant to Subsection A(19) hereof, the Engineer shall inspect the aforesaid site to determine compliance with said section and whether stakes have been placed at the existing points designated on the topographical map or, a grading plan, where such grading plan has been determined to be acceptable pursuant to Subsection C hereof. Before the Engineer inspects the applicant's land, the applicant's licensed land surveyor shall certify the location of any and all stakes as may be required pursuant to Subsection A(19).
E. 
Hearing. The Planning Board shall fix a date for hearing within 45 days after the receipt of the application and shall give to the applicant, either personally or by mail, notice of the time and place of said hearing. The applicant shall, at least 10 days prior to the date appointed for said hearing, serve written notice in person or by certified or registered mail upon such persons as are shown on the municipal tax records to be the owners of such lots within 200 feet of the property in question. The applicant shall also, at least 10 days prior to the date appointed for said hearing, place a legal advertisement in the official newspaper of the Borough, setting forth its request for a soil moving permit, which notice shall include the name of the developer, a description of the property by lot and block, and the street address, the amount of soil and/or fill to be moved, the purpose for which the soil and/or fill is to be moved and the time, date and place of said hearing. The applicant shall, at the hearing, present to the Planning Board satisfactory proof, in affidavit form, of the service and publication of said notices.
F. 
Factors to be considered in determining application. In considering the application, the Planning Board shall be guided by the general purposes of municipal planning and shall take into consideration the following factors:
(1) 
Soil and/or fill erosion by water and wind.
(2) 
Surface and subsurface water drainage.
(3) 
Soil and/or fill fertility and soil-bearing capacity.
(4) 
Lateral support of abutting streets and lands.
(5) 
Public health and safety.
(6) 
Land values and uses.
(7) 
The general welfare of the municipality and of the citizens of the Borough.
(8) 
The proper restoration of the premises after excavation as to safety and aesthetics.
(9) 
The effect of flooding upon the premises in question and other property within and without the Borough.
(10) 
Whether the proposed work will create a nuisance.
(11) 
Whether the proposed work is necessary in connection with the development of the property.
(12) 
The effect that the proposed moving of soil and/or fill would have on individual sanitary sewage disposal system and/or water supply systems.
(13) 
The preservation of existing watercourses.
(14) 
The creation of sharp declivities, pits or depressions.
(15) 
Whether the proposed moving of soil and/or fill constitutes a commercial activity.
(16) 
Proposed complete site plan or preliminary subdivision plan.
(17) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
(18) 
Proposed soil and sedimentation control plan.
(19) 
An approved trucking route for the relocated soil so as to prevent any serious traffic problems and to protect the structural integrity of the Borough roadways.
G. 
Decision. The Planning Board shall review and consider the completed application, all of the requirements of the provisions of this chapter, the material factors brought up at the public hearing and the reports of other reviewing authorities of the Borough and shall either grant or deny the issuance of said soil permit. If the Planning Board denies the permit, the reason for the denial shall be stated. The Planning Board may also issue a permit with stipulations and conditions. The Planning Board shall grant or deny the application within 45 days of the filing of a complete application or within such further time as may be mutually consented to between the applicant and the Planning Board.

§ 245-8 Joint applications.

A single minor or major soil moving permit may be issued to allow the removal of soil from one property within the Borough and the depositing of the same soil on another property within the Borough. The application for such a permit may be made (a) jointly by the owners of both properties or by applicants duly authorized by such owners, or (b) by the owner of one property, or a duly authorized applicant, with the written consent of the owner of the other property. Such joint applications shall contain the information required under § 245-7A, B andC for both properties and shall be processed in accordance with the procedures set forth in this § 245-7.

§ 245-9 Fees.

A. 
Soil application fee. Soil removal and soil relocation fees are to be paid as follows with soil applications and will not be refundable whether the permit is issued, denied or withdrawn:
(1) 
Minor soil application fee: $25.
(2) 
Major soil application fee: $150.
(3) 
Soil permit modification application fee: $50.
B. 
Soil moving fee. Except in circumstances where soil movement is planned to occur exclusively within the confines of the property upon which the soil being moved originates or any property in common ownership and contiguous therewith, a soil moving fee will be charged at the rate of $0.15 per cubic yard of fill or excavation less the soil application fee. If the application for a soil moving permit is voluntarily withdrawn, the soil moving fee shall be refunded less the expenses incurred by the Borough.
C. 
Engineering review and inspection fees. The applicant shall also be responsible for payment of engineering and legal review and inspection fees. Where the application is processed simultaneously with an application for subdivision or site plan approval, escrow fees as set forth in § 194-21 of the Land Development Procedures Ordinance shall be utilized. Where a minor soil movement permit or a soil permit modification is sought, an escrow fee of $300 shall be posted with the Board Clerk at the time of application. Where a separate major soil movement permit is sought, an escrow fee of $1,000 shall be posted with the Board Clerk at the time of application and shall be supplemented as needed as a condition of approval. Inspection fees shall be established pursuant to § 194-21 of the Land Development Procedures Ordinance.
D. 
Exemption from fees. All utility companies and federal, state and local authorities, including the Board of Education and charitable organizations, may be exempt from the requirements of soil application fees and soil movement fees at the discretion of and upon application to the Borough Council.

§ 245-10 Performance guarantee requirements; release.

A. 
In the event that the Planning Board approves the soil moving permit application, the Planning Board shall forthwith give notice to the applicant of the action taken. When a performance guarantee is required, the Planning Board shall also give notice of the amount of the performance guarantee required as hereinafter set forth in this section. In the event that the applicant fails to post the required performance guarantee within 60 days of said notice, then the approval of the Planning Board shall be automatically rescinded, but in no event shall any soil and/or fill moving activities commence until required performance guarantees are posted.
B. 
No major soil moving permit shall be issued unless the applicant therefor shall have posted with the Borough a performance guarantee, in the form approved by the Borough Attorney, in either cash or its equivalent, or a surety bond as specified by the Borough Council, in such amount as the Planning Board, upon written recommendation of the Engineer, shall determine, conditioned upon full and faithful performance by the 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 moving permit issued pursuant hereto.
C. 
Amount of performance guarantee.
(1) 
The amount of said performance guarantee shall be determined based on the area of disturbance. The amount of the bond shall be established at $2,000 for each 10,000 square yards or portion thereof of disturbed area. Ten percent of the bond must be posted by the applicant in cash. The Planning Board may request additional performance guarantees for improvements shown on the soil moving application or plan, such as, but not limited to the following: retaining walls, planting, drainage, erosion control, damages to property and public improvements in haul route, etc.
(2) 
In ascertaining the rate upon which to compute the amount of the performance guarantees, the Planning Board shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil and/or fill, the extent of the area over which the soil and/or fill moving 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 the proposed operations to streets, buildings, structures, natural or artificial streams or watercourses and general drainage conditions.
D. 
Before the holder of any soil moving permit shall proceed before the Planning Board with any application for any amendment or alteration of the terms and conditions of any outstanding soil moving permit, there shall be submitted to the Planning Board, if a performance bond was posted, the written consent of the surety on said bond approving said application for amendment or alteration and consenting to extension of the bond coverage thereto.
E. 
Applications for the release of any performance guarantees posted in accordance with the terms of this section or the resolutions of the Planning Board shall be accompanied by an as built drawing and affidavit stating that the soil and/or fill moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board. Said affidavit shall be executed by a licensed professional engineer or land surveyor of the State of New Jersey.

§ 245-11 Form of permit; signatures; conditions; term.

A. 
The soil moving permit shall be in such form as may be prescribed by the Planning Board. A major soil permit shall be signed by the Secretary of the Planning Board or the Chairman of the Planning Board and it shall contain any special conditions set forth in the recommendation. A minor soil permit shall be signed by the Borough Engineer.
B. 
All soil moving permits shall specify an effective date within one year of the date of the Planning Board 's resolution of approval of the soil relocation application. The term of said permit shall not exceed one year from the effective date.
C. 
All permits shall automatically expire on the termination date, unless application for renewal has been made and approved in writing, extending such permit. Each such extension shall not exceed one year from the termination date. A permit extension shall not be granted if the application is currently in noncompliance with any of the terms of the permit. No more than two extensions of a major soil moving permit may be granted by the Borough Engineer. For subsequent extensions of a major soil permit, applicant shall reapply to the board of original jurisdiction, which may deny the extension and/or amend the permit to require compliance with new requirements of this chapter or of the Borough's Land Development Ordinance[1] to the extent that the development does not have statutory immunity from same.
[1]
Editor's Note: See Ch. 194, Land Development Procedures.
D. 
Hours of operation. There shall be no soil and/or fill moving operations, which includes loading and unloading, at any time between 4:00 p.m. and 8:00 a.m., prevailing time, nor at any time on Sunday or legal holidays, nor on Saturday after the hour of 12:00 noon. The approving authority is authorized to, by resolution, further restrict the hours of operation based on an individual applicant's circumstances regarding the particular streets to be utilized, the proximity of residential or highly trafficked areas, the location of the operation and any other objective reasons relating to hours of operation.
E. 
No soil moving permit shall be issued until it is determined that there are no outstanding taxes or assessments for local improvements due or delinquent on the property for which the application is made.

§ 245-12 General terms and conditions of operation.

No person to whom a soil moving permit has been issued shall:
A. 
Conduct or maintain on the premises any sand, gravel or similar kind of pit; any sand or gravel washing or screening machinery or equipment; any business or industry not permitted in the district in which said premises are located and classified by the Netcong Borough Land Use Ordinance,[1] as amended and supplemented; or any endeavor or enterprise other than the grading or regrading of said premises in accordance with the provisions of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading.
[1]
Editor's Note: See Ch. 194, Land Development Procedures.
B. 
Conduct or maintain any soil and/or fill moving operations without having first made adequate provisions for the prevention of dust incidental to the use of vehicles, machinery and equipment on the lands described in the soil permit in compliance with the soil erosion and sediment control plan.
C. 
Neglect to dispose of, on or before the completion date stated in the application, any partially or wholly excavated boulders or other noncombustible debris resulting from the soil and/or fill moving operations, by burial or removal, and any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil and/or fill moving operations.
D. 
Conduct any soil and/or fill moving operations beyond the expiration date as set forth in the soil moving permit or extended expiration date as may duly be granted by the Planning Board.
E. 
Leave the site or enter the Borough with loose soil or mud attached to the outside of the trucks.
F. 
Utilize the Borough roadways without first making provisions for maintaining these roadways to a condition equal or better than the existing condition.
G. 
Allow the maximum height of a topsoil stockpile to exceed 20 feet.
H. 
Allow the maximum slope of the working face of an excavation to exceed 60° from horizontal.
I. 
Allow the maximum vertical slope of a working face to exceed 20 feet.
J. 
Allow the maximum slope of any excavated face not being worked to exceed 30° from horizontal.
K. 
Where the soil movement adjoins an existing building, an abutting property or a public or private road or driveway, the finished slope shall not exceed 5% for a distance of 25 feet from the property line or the public or private road right-of-way line.

§ 245-13 Topsoil restrictions.

A. 
Whenever any developer or excavator shall move topsoil in or upon any lot, provision shall be made for the storage of said topsoil within the boundary lines of said lot.
B. 
Except as hereinafter provided, all of the 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 said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.
C. 
No developer or excavator shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever 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, excepting only such portions thereof as shall be or shall have become, 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. 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.

§ 245-14 Depth of excavation.

No developer or excavator shall, at any time in the course of the work, dig or excavate more than 12 inches below the proposed final grades as shown on the topographical map unless:
A. 
The soil moving permit specifies otherwise and the performance guaranty, hereinbefore referred to, makes specific provisions for replacement on or before the completion date set forth in the soil moving permit, of soil and/or fill of sufficient quantity and kind to restore the final grades to those shown on the topographical map; or
B. 
After issuance of the soil moving permit, the developer or excavator, before digging or excavating below said twelve-inch level, shall apply to the Planning Board and be granted an amendment of the application and topographical map then in effect, which amendment may be granted upon such terms as the Planning Board may deem necessary to assure adherence to the purpose and objectives of this chapter.

§ 245-15 Final grades.

No developer or excavator shall deposit soil and/or fill upon, fill in or raise the grade of any lot without first making provision for:
A. 
The use in said work of soil and/or fill or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement.
B. 
The collection and storage upon the lot of the original topsoil, to the end that said topsoil shall not be buried beneath soil and/or fill 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 or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such 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, 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.
C. 
Seeding of the property, which shall be accomplished within one month after completion of the soil and/or fill moving operation, weather permitting, but in no event shall seeding of the property be accomplished more than three months after completion unless an extension of time is granted. The applicant shall maintain the seeded area for a period of one year after completion.

§ 245-16 Exempt operations.

A. 
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil and/or fill in and upon lands enrolled in the soil conservation program of the Northeastern Jersey Soil Conservation District of the United States Department of Agriculture Soil Conservation Service and for which lands an "approved farm plan" has been established by said agency, provided that all soil and/or fill moving operations in and upon such lands are performed in accordance with said approved farm plan.
B. 
The provisions of this chapter shall not apply to excavations for building foundations or driveways related to one single-family residential building not part of a two-lot-or-more subdivision approval, nor shall it apply to excavations for lines, septic tanks or sanitary sewer installations.
C. 
Gardening and landscaping activities relating to existing residential structures and involving a disturbance of less than 5,000 square feet, shall be exempt, provided that it can be demonstrated to the satisfaction of the Borough Engineer that such activity will not result in any significant change in the drainage pattern of the lot.

§ 245-17 Authorized inspections; enforcement.

For the purpose of administering and enforcing this chapter, a duly authorized agent of the office of the Borough Engineer shall have the right to enter into and upon any lands in or upon which soil and/or fill moving operations are being conducted, to examine and inspect such lands in order to determine compliance with the requirements of any soil moving permit issued.

§ 245-18 Violations and penalties.

Any person, firm, or corporation violating any of the provisions of this chapter shall, upon the conviction thereof, be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.

§ 245-19 Waivers.

Municipal approving authorities reviewing an application for soil relocation may grant waivers to the provisions of §§ 245-7A and C, 245-11D, 245-12 and 245-13 where an applicant demonstrates that strict application of this chapter will impose an undue hardship.