[Amended 9-25-2008 by Ord. No. 24-08]
Nothing contained in this chapter shall be deemed to modify or repeal any of the provisions of Chapter 172, Zoning. In the event of any inconsistency between the provisions of this chapter and the provisions of the Zoning Ordinance, such inconsistency shall be resolved in favor of the enforcement of the Zoning Ordinance.
No land area shall be disturbed by any person,
partnership, corporation, municipal corporation or other public agency
within the municipality unless:
A.
The applicant has submitted to the Borough Engineer
a plan to provide for soil erosion and sediment control for such land
area in accordance with standards for erosion and sediment control
adopted by the New Jersey Soil Conservation Committee (NJSCC) and
administered by the Morris County Soil Conservation District (MCSCD)
and such plan has been approved; and
B.
A permit therefor is first secured from the Borough
Council or Borough Engineer, as provided in this article.
Notwithstanding anything in this chapter to
the contrary, in those cases where a building permit and/or an approved
site plan has been obtained, no permit shall be required in connection
with the removal of excess soil resulting from the construction or
alteration of a building, structure or off-street loading or parking
areas on such premises and new streets, roadways or driveways and
excavation or grading incidental thereto.
A.
A soil disturbance permit shall be obtained pursuant
to the terms of this chapter in the case of any subdivision for which
the subdivider proposes or is required by the Land Use Board to remove
soil in excess of 500 cubic yards from the premises. Such permit must
be obtained prior to grant of preliminary approval by the Land Use
Board.
[Amended 12-13-2012 by Ord. No. 26-12]
B.
The Borough Council may, in its discretion and consistent
with the purposes stated in this chapter, require the completion of
all soil removal or sections thereof by a subdivider prior to the
erection of any dwellings or structures on the premises.
The Mayor and Borough Council shall not consider
any application required by this chapter for soil disturbance, including
soil removal from the premises for sale or otherwise, unless and until
the owner of the premises shall first file with the Borough Clerk
an application requesting such permission and listing the type of
equipment to be utilized, the requested hours of operation and the
effect on neighboring properties, together with a map of the premises,
in duplicate, showing existing and proposed finished grade contour
lines. The map shall also show the premises and the present and proposed
topography of same in relation to the location and elevation of all
abutting streets and adjoining properties.
A.
Upon receipt of the required application and map, together with a fee as may be established by the Borough Council, the Borough Clerk shall transmit a copy of both the application and map to the Borough Engineer, who shall review same, inspect the site and, except where the application involves the removal of less than 500 cubic yards of soil, within 15 days make a complete written report to the Borough Council. Thereafter, the Council shall fix a time for hearing the application. Notice shall be given by the applicant in accordance with § 169-34.
B.
In considering the application, the Borough Council
shall be guided by and shall take into consideration the public health,
safety and general welfare. Particular consideration shall be given
to the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage (no sharp declivities or pits to be formed).
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets
and lands.
(5)
Land values and uses.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Borough.
(7)
Road damage, traffic and weather conditions.
C.
In cases involving the removal of less than 500 cubic
yards of soil, the Borough Engineer may, if all the provisions of
this chapter are satisfied, issue the permit on his authority and
report on the matter in full to the Mayor and Borough Council. In
such event no hearing shall be required, but the performance bond
required in this chapter shall be given.
In granting permits required by this chapter,
the Borough Council or Borough Engineer shall have the power to impose
terms and conditions in the public interest, including the fixing
of a time limit on soil removal activities. If the time to complete
the soil removal operation is so extended as to evidence the establishment
of a soil mining or removal land use, which is contrary to the Zoning
Ordinance, the permit shall not be granted.
Before a permit required by this chapter is
effective, the applicant shall file with the Borough Council a performance
bond conditioned upon full compliance with all of the terms and conditions
of approval, including the provisions of this chapter. The amount
of such bond shall be fixed by the Borough Council or Borough Engineer,
and the same shall be in the form of cash or a surety bond in a form
and with surety acceptable to the Borough Attorney. Where a surety
bond is given, the Borough Council or Engineer shall have the right
to demand a cash bond equal to 10% of the total amount, it being understood
that in the event of default, the cash deposit shall be resorted to
first by the Borough in pursuing its remedies.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operation that
there shall be no sharp declivities, pits or depressions and in such
manner that the area shall be properly leveled off, cleared of debris
and graded to conform with the contour lines and grades as approved
by the Borough Council or the Borough Engineer.
Any soil to be removed for sale from any premises
in the Borough shall first be offered for sale at its fair market
value to the Borough.
The owner of the premises or the person in charge
of the removal of soil from such premises, when permission has been
duly granted in accordance with this chapter, shall not remove the
top soil for a depth of four inches. Such soil shall be stockpiled
for redistribution on the premises when the rest of the soil has been
removed, pursuant to the finished grading as approved by the Borough
Council or the Borough Engineer.
The storage of soil taken from other premises within or outside the Borough shall be permitted without the approval required by this chapter, provided that it does not violate Chapter 172, Zoning.
A.
Upon completion of the project, the applicant shall
notify the Borough Engineer who shall inspect the project area and,
within seven days thereafter, either issue a report of compliance,
a copy of which shall be mailed to the MCSCD, or shall state, in writing,
the remedial action that must be taken to bring the project into compliance
with the approved plan.
B.
All necessary soil erosion and sediment control measures
installed under this chapter shall be adequately maintained for one
year after completion of the project or until such measures are permanently
stabilized as determined by the Borough Engineer. Upon request, the
Borough Engineer shall give the applicant a certificate indicating
the date on which the measures called for in the approved plans were
completed.
Before a permit required by this chapter is
effective, the applicant shall file with the Borough Council a performance
bond conditioned upon full compliance with all of the terms and conditions
of approval, including the provisions of this chapter. The amount
of such bond shall be fixed by the Borough Council or Borough Engineer,
and the same shall be in the form of cash or a surety bond in the
form and with surety acceptable to the Borough Attorney. Where a surety
bond is given, the Borough Council or Engineer shall have the right
to demand a cash bond equal to 10% of the total amount, it being understood
that, in the event of default by the applicant or its successors in
title, the cash deposit shall be resorted to first by the Borough
in pursuing its remedies.
A.
Any person who violates any of the provisions of the
Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-9 et seq.), any
standard promulgated pursuant to the provisions of the Soil Erosion
and Sediment Control Act or fails to comply with the provisions of
the certified plan shall be liable for the penalties set forth at
N.J.S.A. 4:24-53.
B.
If the construction of a project is being undertaken
contrary to the provisions of the certified soil erosion and sediment
control plan, the Borough Engineer may issue a stop construction order,
in writing, which shall be given to the owner or the person granted
approval under the provisions of this chapter. If the owner, developer
or general contractor is not known or cannot be located with a reasonable
effort, the notice may be delivered to the person in charge of or
apparently in charge of the construction. No person shall continue
or cause or allow to be continued the construction of a building or
structure or the disturbance of any land or soil in violation of the
stop construction order except with the permission of the Borough
Engineer to abate a dangerous condition or to bring the project into
compliance with the soil erosion and sediment control plan or except
by court order. If an order to stop construction is not obeyed, the
Borough Engineer shall apply to the appropriate court as otherwise
established by law for an order enjoining the violation of the stop
construction order. The remedy for the violation of such an order
provided in this subsection shall be in addition to and not in limitation
of any other remedies provided by law or ordinance.
The following activities are specifically exempt
from the soil disturbance, removal and protection provisions of this
chapter:
A.
Land disturbance associated with existing one- and
two-family dwellings if such disturbance involves less than 2,000
square feet of land area.
B.
Use of land for gardening primarily for home consumption.
C.
Agricultural use of lands when operated in accordance
with the farm conservation plan approved by the Morris County Soil
Conservation District or when it is determined by the district that
such use will not cause excessive erosion and sedimentation.
The requirements of this chapter shall be enforced by the Borough Engineer, who shall also inspect and require adequate inspection of the work. If the Borough Engineer finds existing conditions not as stated in the applicant's soil erosion and sediment control plan, the Borough Engineer may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 170-23.
Appeals from decisions under this chapter may
be made to the Mayor and Borough Council, in writing, within 10 days
from the date of such decision. The appellant shall be entitled to
a hearing before the Borough Council within 30 days from the date
of appeal.
