[Amended by Ord. No. 15-85]
As used in this article, the following terms
shall have the meanings indicated:
All soil moving activities that do not involve either removal
or importation.
A permit for the moving of 1,000 cubic yards or more of soil.
[Amended 3-10-2014 by Ord. No. 02-14]
A permit for the moving of less than 1,000 cubic yards of
soil.
[Amended 3-10-2014 by Ord. No. 02-14]
For the purposes of this article, "Planning Board" shall
also mean the Zoning Board of Adjustment for those cases that may
come under Zoning Board of Adjustment review.
One or more contiguous parcels of land in single ownership.
For the purposes of this article, "soil" shall mean both soil and subsoil, as defined in § 102-4.
The transporting of soil onto any premises in the Borough
from elsewhere.
The transporting of any soil from any premises in the Borough
for use elsewhere.
[1]
Editor’s Note: Former § 102-10, Prime Aquifer Area,
was repealed 9-14-2015 by Ord. No. 08-15.
[Amended 3-10-2014 by Ord. No. 02-14]
No person shall disturb the soil by soil removal, soil importation
or cut and fill operations on any premises in the Borough unless a
permit is first secured. Exemptions may be made only in the following
cases:
A.
Soil moving activities of less than 50 cubic yards provided that
the change in elevation is no more than two feet at any point. One
exemption under this category shall be allowed for one property in
any twenty-four-month period.
B.
Excavation for foundations or swimming pools where the grade is no
more than 15%.
C.
Those cases where a site plan or major subdivision application is
under consideration by the Planning Board or Board of Adjustment.
A.
Where a permit for soil moving is required, the owner
of the premises, lessee or a representative shall first file with
the administrative officer an application requesting such permission,
together with a map of the premises, in duplicate, showing existing
and proposed finished grade contour lines. The map shall also show
the present and proposed topography of the premises in relation to
the location and elevation of all abutting streets and adjoining properties.
If buildings are to be constructed, their location shall be shown
and elevation sketches shall be provided. The source of fill material
must be identified, including the name and address of the supplier.
B.
In the case of a major soil moving permit, plans shall
be prepared by a New Jersey licensed professional engineer or other
qualified professional. For a minor soil moving permit, the construction
official may require such preparation if (s)he deems the plans as
submitted to be inadequate.
[Amended 3-10-2014 by Ord. No. 02-14]
A.
Applications shall be made on the appropriate forms, and shall be
filed with the Planning Board Administrator. Upon receipt of the application
and attachments, together with the fees specified in § 111-3F,
the administrative officer shall deliver copies of each to the Construction
Official and Borough Engineer for review and processing as herein
prescribed.
B.
Minor soil moving permit. In cases involving a minor soil moving
permit, the Borough Engineer shall review the application and, following
its approval, the Construction Official shall issue the permit.
In considering the application, the Planning
Board or the construction official shall be guided by and shall take
into consideration the following factors:
A.
Soil erosion by wind and water.
B.
Drainage. No sharp declivities or pits shall be formed.
C.
Water runoff. No increase in the quantity or velocity of stormwater emanating from the land, in accordance with Article V.
D.
Soil fertility.
E.
The landscaping plan. Provision shall be included
for protection of the vegetation that is to be retained both on and
off the site, with the understanding that disturbing or covering soil
within the dripline of a tree may have a negative effect on the health
of that tree.
F.
Lateral support slopes and grades of abutting streets
and lands.
G.
Wellhead Protection Area guidelines.
[Amended 9-14-2015 by Ord. No. 08-15]
H.
Adequacy of buffering of the surrounding properties.
I.
Cover. Fill shall be covered with clean arable soil
or, in the case of a driveway, with stones or gravel.
J.
Land values and uses.
K.
Authority of applicant.
L.
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Borough.
M.
Additional consideration shall be given cases involving
premises that, by virtue of their nature, location and other characteristics,
are suitable for, and capable of, major subdivision under the appropriate
ordinances and statutes. The Planning Board shall review such applications
in light of this section, as well as sound planning considerations,
zoning requirements, the Master Plan, any pending subdivision application
and the nature of the surrounding terrain and proposed contours.
A.
If, after considering the application and all maps,
reports and other documents or evidence, the Planning Board or construction
official determines that the proposed soil moving operation will not
adversely affect the public health, safety or general welfare, a permit
shall be granted to the applicant and shall include a reasonable time
limit for completion of the operation.
B.
In granting permits under this section, the Planning
Board or construction official shall have the power to condition the
permit upon compliance by the applicant with such terms and conditions
as may be deemed necessary or advisable to effect the provisions and
intent of this section. Such conditions may include the requirement
of as-built plans.
A.
Before a major soil moving permit shall be 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, upon recommendation
of the Borough Engineer. The bond shall be in the form of cash or
a surety bond in a form and with surety acceptable to the Borough
Attorney.
B.
Where a surety bond is given, the Borough Council
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 for soil moving is granted, the
owner and/or lessee shall bear responsibility for insuring that the
operation is so conducted that:
A.
There shall be no sharp declivities, pits or depressions.
The area shall be properly leveled off, cleared of debris and graded
to conform to the contour lines and grades as approved by the Planning
Board or construction official.
B.
There shall be no damage to or littering of roads
or other Borough property or private property in the Borough.
C.
The top layer of arable soil to a depth of six inches
shall not be taken away. This soil shall be set aside for retention
on the premises and shall be respread, consistent with approved levels
and contour lines, when the rest of the soil has been properly graded.
Nothing herein shall preclude the removal of nonarable soil and replacement
thereof with arable soil to a depth of no less than six inches.
Nothing herein shall exempt the applicant from
any applicable provisions of other local, state and federal law.
