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.
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.
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.
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.
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.
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.
(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.
(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.
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 and
C for both properties and shall be processed in accordance with the procedures set forth in this §
245-7.
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, 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.
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.
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.
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.
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.
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.
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.