[Amended 4-12-2005 by Ord. No. 3-2005]
As used in this article, the following terms
shall have the meanings indicated:
To dig, move, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of the
land or transport or supply soil.
A person having actual possession of any premises or any
part thereof.
A permit to disturb 500 cubic yards or more of soil.
A permit to disturb less than 500 cubic yards of soil.
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate or a mortgagee in possession.
Includes corporation, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person, as defined herein, shall disturb
or cause to be disturbed soil or otherwise engage in such action which
would result or may result in the alteration of the topography or
contour of any land within the Town of Dover without having secured
a permit therefor pursuant to the provisions of this article, unless
specifically excepted by the provisions of this article. Major soil
disturbance permits shall be reviewed for approval by the Planning
Board and shall require a public hearing with notice to all property
owners within 200 feet of the property for which the permit is being
sought.
No permit shall be required under the following
conditions:
A.
This article shall not apply to the disturbance of
soil on the premises during ordinary spading, cultivating or operation
ordinarily associated with the tilling of the soil for agricultural
or horticultural purposes.
B.
This article does not apply to the disturbance of
500 square feet of soil or less, provided that the total volume of
soil disturbed does not exceed 50 cubic yards, and provided that said
disturbance does not create or cause one of the conditions as set
forth in "Consideration of application," Subsection A(1) through (10)
below, and further provided that said soil disturbance does not alter
the original grade by more than six inches at any point.
C.
This article shall not apply to a soil disturbance
incidental to work approved by a site plan or subdivision granted
by the Planning Board or the Board of Adjustment of the Town of Dover.
D.
This article shall not apply to the disturbance, removal
or regrading of soil on the premises incidental to construction which
is part of any construction permit issued by the Construction Official
of the Town of Dover, provided that the grade is not altered in a
fashion that will change the direction or velocity of stormwater runoff.
E.
This article shall not apply to the temporary disturbance
of the natural ground surface during the course of excavation arising
from the installation of underground conduits within the premises,
provided the ground surface is returned to its original grade after
backfilling.
A.
Applications shall be made to the Town Engineer on
forms provided by that office and shall consist of the following:
(1)
The name and address of the applicant and owner.
(2)
The Tax Block and Lot numbers of the property in question
along with the street address.
(3)
The purpose or reason for disturbing soil.
(4)
The kind (topsoil, rock, sand, etc.) and quantity
of soil to be removed from the site or brought to the site.
(5)
If soil is to be removed from the site. the location
where it is being moved to.
(6)
The anticipated start and finish date of the disturbance
operation.
(7)
The name, address and telephone number of the person
having direct charge over the soil disturbance.
(8)
A map of the premises, prepared by a professional engineer licensed in the State of New Jersey, showing the existing contour lines prior to disturbance and the proposed contour lines resulting from the intended excavation, filling or redistribution of soil. The map shall delineate steep slope areas as defined in § 236-21.2A and shall be determined in accordance with the methodology outlined in § 236-21.2B(1). The maps required by this subsection shall not be required to be prepared by a professional engineer licensed to practice in the State of New Jersey if the disturbed area involves less than 1,000 square feet of disturbance and a grade change of less than one foot at any point and provided the proposed area to be disturbed does not contain any steep slope areas as defined in § 236-21.2.
(9)
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises, which information shall be included on the map required by Subsection A(8) above.
(10)
Cross sections and typical sections of the existing
and proposed grades drawn at an appropriate scale showing existing
and proposed grades at intervals sufficient to calculate the volume
of soils to be cut or filled.
(11)
Details of soil erosion and sediment control
devices and procedures to be utilized on the site during the soil
disturbance activities.
(12)
Stormwater management control measures including
pre- and post-disturbance drainage paths clearly indicating that the
directions and quantity of stormwater runoff will not be altered to
negatively impact adjacent properties both during and after the work.
(13)
The name, address and emergency contact telephone
number of the person or persons who will be doing the actual disturbance
if different from the owner.
(14)
The quantity of soil to be removed along with
supporting calculations.
(15)
The location of all soil fill sources.
(16)
Full construction details of all required retaining
walls.
(17)
A note indicating the maximum proposed slope
of all regraded areas.
(18)
Details of proposed stabilization and vegetation
of disturbed areas.
(19)
Such other pertinent data as the Town Engineer
may deem necessary.
(20)
The Town Engineer may waive any of the above
application requirements if in his opinion said requirement is not
necessary in order to perform a proper review of the application.
B.
If the applicant is other than the owner of the property,
then the applicant shall submit permission, in writing, from the owner
authorizing the applicant to make the application.
A.
Any application involving over 5,000 square feet of
land disturbance shall be sent to the Morris County Soil Conservation
District for its review. The Town Engineer shall study the permit
application and shall be guided by and take into consideration the
public health, safety and general welfare. Particular consideration
shall be given to the following:
(1)
Erosion by wind or water.
(2)
Stormwater runoff impacts.
(3)
Soil fertility impacts.
(4)
Dust impacts.
(5)
The deposit of soil on streets.
(6)
The deposit of silt in bodies of water within the
Town of Dover or adjacent to the Town.
(7)
The filling of wetlands or flood hazard areas as defined
by the State of New Jersey and the regulations promulgated thereto
by the New Jersey Department of Environmental Protection.
(8)
The relocation or realignment of any watercourse.
(9)
The structural capability and stability of all existing
and proposed retaining walls.
(10)
The ability of the proposed stabilization to
prevent future soil erosion.
B.
The Town Engineer, upon receipt of all required fees
and after determining that all the requirements pursuant to this article
have been met, shall then issue a soil disturbance permit for minor
soil disturbance permit applications. Notice of the granting or denial
of the permit application shall be given to the applicant within 20
calendar days after a complete application is filed.
C.
If the Town Engineer determines that, upon receipt
of all required fees and after determining that all the requirements
pursuant to this article have been met, that the application requires
a major soil disturbance permit, then he shall forward his findings
along with a report to the Clerk of the Town of Dover Planning Board,
who shall schedule a public hearing before the Planning Board. The
Town of Dover Planning Board shall:
(1)
Grant or deny the application for a major soil disturbance
permit within 45 days after receipt of a complete application.
(2)
Schedule a public hearing and provide the applicant
with a list of property owners within 200 feet of the property in
question and a public notice, and the applicant shall serve said notice
to all property owners within 200 feet of the property in question
at least 10 days prior to the hearing. The Town of Dover Planning
Board shall also cause the notice to be published in the official
newspaper of the Town of Dover.
A.
The applicant and/or owner of the property shall be
required to post a performance bond with the Town in such amount as
will be deemed reasonable by the Town Engineer to ensure the completion
of the work authorized by the permit in conformance with the terms
of the permit and the provisions of this article on or before the
date of completion set forth in the application, and further that
the applicant will repair any public street, structure or land which
may be damaged as a result of the work authorized by the permit. The
bond shall be in cash or by a letter of credit issued by a commercial
bank of the State of New Jersey approved by the Town Attorney. The
municipality shall have the right to use the amount of the bond in
order to correct any deficiencies in the work that is performed pursuant
to the permit or to ameliorate any conditions which adversely affect
the public health, safety and welfare of the inhabitants of the Town
of Dover. The bond or the balance thereof shall be returned to the
applicant and/or owner upon completion of the work in accordance with
the permit and approval by the Town Engineer.
B.
If, in the opinion of the Town Engineer, the proposed
work is nominal and there would be no significant change in the terrain,
with no possible effect on an adjacent property, then the Engineer
may waive the bond requirement.
A.
The Town Engineer shall have the right to enter upon
the premises and inspect the premises for which a soil disturbance
permit has been granted to determine compliance with the permit requirements
and the requirements of this article.
A.
Soil disturbance conducted under a permit issued under
this article shall be in accordance with the following regulations:
(1)
Operations shall be conducted so that there shall
be no sharp declivities, pits or depressions.
(2)
Land shall be graded so as to conform to the contour
lines and grades approved and shall be cleared of debris.
(3)
Adequate measures shall be taken to prevent erosion
or the depositing of soil or surface runoff upon surrounding lands.
(4)
No critical slope area, as defined by § 236-21.2.A(1),
shall be disturbed.
(5)
Nothing herein shall be construed to exempt any person
from applying to any county agencies, including the Soil Conservation
District of Morris County, or any other state or other governmental
agencies having jurisdiction over the soil disturbance, and whenever
the provisions of this article conflict with the requirements of the
Morris County Soil Conservation District or other state or federal
agency, the provisions of the Morris County Soil Conservation District
or of the state or federal agencies shall prevail.
Any owner of property upon which a soil disturbance
has occurred or for which no permit was issued pursuant to the provisions
of this article shall have responsibilities described in this article
and shall be subject to a violation of this article.
