[HISTORY: Derived from Ch. XV of the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where applicable.]
The Borough Council finds and determines that the unregulated and controlled relocation, filling, excavation, removal or deposit of soil on a large scale has resulted and will result in conditions detrimental to the public safety, health and general welfare and substantially interferes with the efforts of the Borough of Fort Lee to promote and effectuate the general purpose of municipal planning. Moreover, regulations concerning the relocation, filling, excavation, removal and deposit of soil is necessary to safeguard the above interests, protect against the spread of contaminated soils and provide for the orderly and best use of the soil and vegetative cover of the land, a valuable natural resource.
The following words and phrases when used in this chapter shall have the meanings given unless inconsistent with the manifest intent of the chapter:
- CONTAMINATED SOIL
- Soil containing any hazardous material, waste or radioactive substance.
- The excavation, removal, importation, deposit, placing, filling, grading, regrading, leveling, relocating, piling, or storage of soil or the altering or changing of the location or contour of soil; provided, however, that the term "disturbance" shall not be construed to include plowing, spading, cultivating, harrowing, disking, raking or filling of soil ordinarily associated with agricultural purposes or landscape maintenance.
- Includes the following: dirt, rock, shale, stone and riprap, soil and any other material of the soil that shall come from the earth.
- HAZARDOUS MATERIALS
- Any material, waste or combination of wastes which pose a present or potential threat to human health, living organisms or the environment, including but not limited to waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive or flammable, and waste so designated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection.
- RADIOACTIVE SUBSTANCE
- Any substance which emits particle radiation, including alphas, betas, high-energy electrons, neutrons, protons or other atomic or nuclear particles in such manner as to be or tend to be injurious or dangerous to the health of persons, wildlife or the ecology.
- Any earth, sand, clay, loam, gravel, humus, fill, rock or dirt, without regard to the presence or absence therein of organic manner or any debris, whether organic or construction debris, including but not limited to asphalt and concrete.
- Soil 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.
Except as otherwise exempted under this chapter, no person shall disturb any soil upon, nor transfer soil from or to any property or right-of-way within the Borough of Fort Lee without first obtaining a permit from the Borough of Fort Lee as hereinafter provided.
The procedure for applying for and issuing a soil disturbance permit shall be as follows:
Form of application. The applicant shall submit to the Director of Public Works' office, in triplicate, an application in the form prescribed and supplied by the Borough Council, which application shall include the following information:
The identity and address of the owner of the land and/or applicant.
The description of the lands in question, including the street addresses, lot and block numbers of the land as shown on the current Tax Map of the Borough.
The purpose or reason for moving the soil.
The type and quantity in cubic yards of soil to be removed.
The location to which the soil is to be moved.
If soil is to be imported into the Borough the source of the soil.
The proposed dates for commencement and completion of the work.
A description of the equipment to be used in the excavation and moving of the soil, number and size of trucks and other vehicles to be used.
Name and address of the person having express charge, supervision and control of the proposed excavation work.
A listing of the route to be used by the vehicles in delivering and removing equipment and materials to and from the site, in importing and/or exporting soil, and in accessing or leaving the site, before export and after import operations, respectively, including all streets, roads, highways, etc., within the Borough of Fort Lee to be used in conjunction with soil movement operations and the direction of travel on each street.
A written statement of plans to control soil erosion with approval form.
Such other pertinent data as may be required by the Borough Engineer, Director of Public Works or Chief of Police.
Proof of liability insurance in such an amount and form as the Borough Engineer and/or Director of Public Works may require.
A statement granting permission to Borough officials or their employees to enter the premises and make surveys and inspections as the work progresses.
Additional submissions required. In addition to the completed application form, the applicant shall submit a topographical map in duplicate, prepared and certified by a licensed civil engineer and land surveyor showing the following:
The present grades on a one-hundred-foot grid layout.
The proposed grades of the points when the work has been completed.
The quantity of fill involved in the work.
The grades of all abutting streets and lots.
Proposed slopes and lateral supports.
Present and proposed surface water drainage.
Such other pertinent data as the Mayor and Borough Council may hereafter by resolution require.
Upon receipt of a complete application, the Borough Engineer and/or Director of Public Works, or their representative, may issue a permit required under this chapter.
The permit shall be issued to the owner or authorized agent of the owner with respect to each lot shown on the Tax Map of the Borough of Fort Lee upon which soil is to be disturbed. A separate permit shall be required for each of said lots.
Permits shall be issued for a duration of no longer than one year.
No soil moving permit shall be issued to any applicant until a performance bond is posted with the Borough and such amount shall be determined by the Borough Engineer and/or Director of Public Works in accordance with the schedule set out below and in a form approved by the Borough Attorney, the terms of which shall be conditioned upon the applicant's restoration of areas disturbed to a condition approved by the Borough Engineer and/or Director of Public Works' office or in accordance with a site plan or subdivision approval.
The bond shall be in an amount of $100, plus an additional $5 for each cubic yard of soil to be disturbed in excess of 20 cubic yards.
In determining whether a permit should be issued, the Borough Engineer and/or Director of Public Works shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Lateral support of slopes and grades of abutting streets and lands.
Land value and uses.
Such other factors as may bear upon and relate to the coordinated, adjusted or harmonious physical development of the Borough.
The health, safety and welfare of the residents, wild life and ecology of the Borough of Fort Lee.
The permit may be issued upon the determination that the proposed soil disturbance will not create conditions inimical to public health, welfare and safety and will not result in the creation of any sharp declivities, large or unsightly mounds, pits or depressions, soil erosion or utility problems, depressed land values, drainage problems, sewerage problems or other conditions of danger.
The fee for a soil movement permit shall be $100 for any soil movement greater than 20 cubic yards but less than 50 cubic yards. In addition, for every 50 cubic-yard interval above the first 50 yards, there shall be an additional ten-dollar fee, plus a sixty-dollar review fee for each such additional 50 cubic yard interval.
Soil disturbance shall be performed in accordance with the following regulations:
If permission to deposit or remove the soil is granted, the owner or person in charge of the deposit or removal of the soil shall so conduct the operations in such a manner that there shall be no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the approved contour lines and grades.
The owner or person in charge of the deposit or removal of soil shall so conduct the operations to minimize, to the extent practicable, water runoff, the creation of dust or other airborne contamination.
No excavation, removal, deposit, piling or relocation of soil or the loading or unloading of soil from vehicles for which a permit is required shall be conducted other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and/or in accordance with Chapter 284, Noise.
Except in the case of the removal of contaminated soil, if permission to remove the soil is granted, the owner of the premises or the person in charge of the removal of soil shall not take away the top layer of arabic soil, to a depth of six inches. Such top layer of arabic soil, to a depth of six inches, shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to the levels and contour lines approved by the Borough Engineer. If topsoil cannot be stored on site, the Borough Engineer or Director of Public Works shall designate a site within the Borough to stockpile or place said topsoil or give permission to the contractor to remove it.
With respect to the removal of contaminated soil within the Borough of Fort Lee, the top six inches of soil may be removed, provided the grade is restored with a minimum of six inches of suitable topsoil. All movement of contaminated soil or hazardous materials within the Borough of Fort Lee shall be in accordance with federal or state permits, if applicable, and shall be conducted in compliance with all applicable federal or state regulations.
All requirements of soil erosion sediment control shall be complied with, including but not limited to soil tracking, dust control, tire wash, stone entrance pads, stockpile stabilization and sweeping of the streets.
All necessary safety measures required by the Construction Code Official, Borough Engineer and/or Director of Public Works to ensure safety to the public shall be complied with.
In addition to the requirements for obtaining a permit for the disturbance of soil contained in §§ 352-3 and 352-4 hereof, the following additional information shall be required for the movement or disturbance of any contaminated soil within the Borough of Fort Lee:
A chemical and/or radiological inspection report performed by a certified laboratory at the expense of the owner on all such soil deposited, removed, relocated, piled or otherwise stored, identifying the nature and amount(s) of the contamination.
The source of any contaminated soil to be relocated, deposited, piled or stored within the Borough of Fort Lee.
The destination of any contaminated soil to be exported, excavated, relocated or removed from the Borough of Fort Lee.
A description of the method by which such contaminated soil is to be transported within the Borough of Fort Lee, and the proposed route, and the dates and times during which such proposed transportation shall take place.
The quantity of the contaminated soil to be relocated, deposited, piled, stored, excavated or removed.
Transportation of contaminated soil within or through the Borough of Fort Lee shall be made only in accordance with the following regulations:
Vehicles transporting said contaminated soil shall be covered and sealed in such a manner as to prevent the spillage of any contaminated soil or dust therefrom during transport.
All exposed portions of said vehicles shall be cleaned of any contaminated soil prior to travel along any street within the Borough of Fort Lee.
Under no circumstances shall any contaminated soil or contaminated water runoff be permitted to fall or flow upon any street within the Borough of Fort Lee or enter into the Borough's sanitary sewer system or drainage water system.
Transportation mutes and traffic control will be coordinated with and shall require the approval of the Chief of Police or such other official as may be designated by the Borough Council.
No person shall knowingly deposit, transport to or store upon any premises within the Borough of Fort Lee any contaminated soil.
The Borough Engineer and/or Director of Public Works may revoke any permit granted under this chapter if the operation causes any nuisance which can be shown to have been caused by the actions or inactions of the applicant or its agents, servants or employees and which is prejudicial to the public health, safety and/or welfare.
If, in the opinion of the Borough Engineer and/or Director of Public Works, the work is being conducted in a manner which immediately affects the public health, safety or welfare, the Borough Engineer and/or Director of Public Works may immediately suspend the permit. If the unacceptable condition is corrected or eliminated, the Borough Engineer and/or Director of Public Works may reinstate the permit. Soil movement activities may not recommence until a written reinstatement is issued by the Borough Engineer and/or Director of Public Works.
When, in the judgment of the Chief of Police or his designee, soil movement operations cause a serious and continued impediment to the passage of public traffic or endanger the public health, safety or welfare, the Chief of Police or his designee is authorized to temporarily halt such operation until the danger to the public health, safety or welfare is abated.
Any person aggrieved by the action of the Borough Engineer, the Director of Public Works, the Chief of Police and/or their representatives, with reference to suspension or revocation of a permit as provided in this chapter, shall have the right to appeal to the Borough Council within 14 days after notice of the action complained of. Appeals shall be filed in writing with the Borough Clerk. Upon receipt of an appeal, the Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Borough Council on such appeals shall be final and conclusive.
The provisions of this chapter respecting the issuance of a permit shall not apply to the following operations:
[Amended 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.