[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:
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.
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.
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:
A.
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:
(1)
The identity and address of the owner of the land and/or
applicant.
(2)
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.
(3)
The purpose or reason for moving the soil.
(4)
The type and quantity in cubic yards of soil to be removed.
(5)
The location to which the soil is to be moved.
(6)
If soil is to be imported into the Borough the source
of the soil.
(7)
The proposed dates for commencement and completion of
the work.
(8)
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.
(9)
Name and address of the person having express charge,
supervision and control of the proposed excavation work.
(10)
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.
(11)
A written statement of plans to control soil erosion
with approval form.
(12)
Such other pertinent data as may be required by the Borough
Engineer, Director of Public Works or Chief of Police.
(13)
Proof of liability insurance in such an amount and form
as the Borough Engineer and/or Director of Public Works may require.
(14)
A statement granting permission to Borough officials
or their employees to enter the premises and make surveys and inspections
as the work progresses.
B.
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:
(1)
The present grades on a one-hundred-foot grid layout.
(2)
The proposed grades of the points when the work has been
completed.
(3)
The quantity of fill involved in the work.
(4)
The grades of all abutting streets and lots.
(5)
Proposed slopes and lateral supports.
(6)
Present and proposed surface water drainage.
(7)
Such other pertinent data as the Mayor and Borough Council
may hereafter by resolution require.
A.
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.
B.
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.
C.
Permits shall be issued for a duration of no longer than
one year.
A.
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.
B.
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.
A.
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:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support of slopes and grades of abutting streets
and lands.
(5)
Land value and uses.
(6)
Such other factors as may bear upon and relate to the
coordinated, adjusted or harmonious physical development of the Borough.
(7)
The health, safety and welfare of the residents, wild
life and ecology of the Borough of Fort Lee.
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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:
(1)
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.
(2)
The source of any contaminated soil to be relocated,
deposited, piled or stored within the Borough of Fort Lee.
(3)
The destination of any contaminated soil to be exported,
excavated, relocated or removed from the Borough of Fort Lee.
(4)
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.
(5)
The quantity of the contaminated soil to be relocated,
deposited, piled, stored, excavated or removed.
B.
Transportation of contaminated soil within or through
the Borough of Fort Lee shall be made only in accordance with the following
regulations:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
No person shall knowingly deposit, transport to or store
upon any premises within the Borough of Fort Lee any contaminated soil.
A.
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.
B.
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.
C.
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.
D.
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.
