[HISTORY: Adopted by the Borough Council of the Borough of Haledon 4-19-1966 by Ord. No. 4-6-66; amended in its entirety 5-14-1997 by Ord. No. 4-9-97 (Ch. 183 of the 1984 Code). Subsequent amendments noted where applicable.]
The purpose of this chapter is to regulate and control the relocation, filling, excavation and removal of soil in the Borough of Haledon. The Mayor and Council hereby finds and determines that the unregulated and uncontrolled relocation, excavation and removal of soil is detrimental to the public safety, health and general welfare and proper development of the Borough of Haledon and constitutes a deterrent to the general purpose of the municipal planning of the Borough. The lack of control and regulation would result in serious and irreparable damage to the public welfare by reason of soil erosion; inadequate and improper surface water drainage; the impairment of the fertility of the soil; the removal of lateral support of abutting streets, lands and premises; creation of dangerous depressions or pits; the deterioration of property values; and the rendering of land unfit or unsuitable to its most appropriate uses.
Whenever used in this chapter, the enumerated terms shall have the following meanings:
- To dig, to excavate, to remove, to fill, to deposit, to grade, to regrade, level or otherwise alter or change the location or contour; to transport; to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
- An individual, firm, association, partnership or corporation or any group of two or more of them or anyone acting an behalf of said persons.
- Includes those portions or components of the earth, commonly known as soil, topsoil, dirt, clay, marl, earth, whether fertile or infertile, sand or gravel or any combinations of them with each other or with any other common component of the earth's surface such as rocks, stones, pebbles or other decomposed vegetative or animal matters or mineral components of the earth at any level.
- 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.
No person, firm or corporation shall move or cause, allow, permit or suffer to be moved any soil from, or upon any land in the Borough of Haledon unless and until a soil permit therefor shall first have been issued by the Construction Code Official of the Borough of Haledon.
No owner of any land in the Borough of Haledon shall cause, allow, permit or suffer any soil in or upon such land to be removed onto or from said premises by any person, firm or corporation until such person, firm or corporation has first obtained a soil permit to do so.
No soil permit shall be required if the total volume of soil, either excavated or for fill, is less than 20 cubic yards.
No soil shall be moved within the meanings of this chapter and no work for the purpose of moving soil shall be commenced until a permit has been issued by the Construction Code Official. A written application on a form furnished by the Borough for a permit is to be filed with the Borough Clerk by the applicant. All of the information required by the application form shall be completed. In addition thereto, there shall be submitted an original and six copies of a map, no smaller than of one inch equals 50 feet, which shall contain, the following data and shall be prepared by a licensed engineer:
Present contour lines and contour grades of the lands at five-foot intervals.
Proposed contour lines and proposed contour grades resulting from such intended removal of soil at five-foot intervals.
Grades of all abutting streets, lots and lands.
The location of all structures within 200 feet of the property.
Environmental impact statement prepared by qualified environmental expert and engineer certification that the proposed soil removal operation will have no adverse environmental impact and will comply with all local, state and federal laws and regulations.
Such other pertinent data as the Planning Board or Borough Engineer may require.
If the total volume of soil moved is greater than 400 cubic yards, review and approval by the Planning Board is required. Upon receipt by the Construction Code Official of an application for soil removal, the Construction Code Official shall forward the said application to the Planning Board of the Borough and to Borough Engineer. This is designated as a "major soil permit."
If the total volume of soil moved is between 20 cubic yards and 400 cubic yards, review and approval of the permit application shall be by the Borough Engineer. This is designated as a "ministerial permit."
Upon receipt by the Planning Board of the application, together with written recommendations of the Borough Engineer, the Planning Board shall schedule a public hearing. A formal notice of the scheduled hearing shall be published in a newspaper of general circulation in the Borough of Haledon by the applicant at least 10 days prior to the scheduled hearing. At the hearing, any interested member of the public shall be afforded an opportunity to be heard.
In considering and reviewing the application, the Planning Board shall be guided by the general purpose of municipal planning and shall make fact-findings concerning the following:
Surface water drainage.
Lateral support of abutting streets, lots and land.
Public health and safety.
Land values and uses.
The effect on the water table.
Such other factors as may in the opinion of the Planning Board relate to the harmonious physical development of the Borough.
The fact findings of the Planning Board shall be recited in the resolution granting or denying the permit. The Planning Board shall incorporate in the resolutions such conditions and restrictions as are deemed to be in furtherance of the objectives and purposes of this chapter and in furtherance of the public good.
No permit shall be issued by the Construction Code Official until a performance bond from a satisfactory surety shall have been submitted. The amount of the bond shall be determined by the Planning Board based upon a recommendation from the Borough Engineer, which bond shall be conditioned upon full and faithful performance by the principal within the time specified in the permit of all of the proposed work as set forth in the application and approved or required by the Planning Board in its resolution of consent. The bond shall also be conditioned upon the repair, at the expense of the applicant, of any street or streets damaged by the transportation of soil in connection with the permit if in the judgment of the Planning Board such repairs are necessary. The Planning Board shall be empowered in its discretion to designate the street or streets which may be used for the transports of soil. The sufficiency of the bond as to form shall be determined by the Planning Board Attorney.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable 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 levels and contour tables approved by the Planning Board of the Borough of Haledon.
On the removal of soil where permission has been granted, there shall be no sharp declivities, pits or depressions and the work shall be done in such a manner that upon completion the area shall be properly leveled off, cleared of debris and graded and seeded to conform to the contour lines and grades as required by the Planning Board of the Borough of Haledon. No operation governed by this chapter shall be permitted on Sundays or before 7:00 a.m. or after 6:00 p.m.
Together with the application there shall be deposited with the Construction Code Official a permit fee computed at the rate of $0.05 per cubic yard multiplied by the estimated number of yards to be removed or filled within the license period of time as defined in this chapter, as stated in the application; provided, however, that in no event shall said fee be less than $100.
No permit shall be granted for a period of time greater than one year. A permit shall be reviewed by the Planning Board at the termination of one year and every 12 months thereafter for renewal or decision. The annual fee for extended existing permits for soil removal operation shall be $500 and escrows, inspection fees and guaranties shall apply to extended permits.
Any person to whom a permit has been issued shall maintain a written daily log showing the number of cubic yards removed. The log shall identify every truck used for the transporting of soil, listing the owner and operator of the truck, the cubic capacity of the truck and the motor vehicle registration plate number. On Friday of each week, the written daily logs for the week shall be filed with the Construction Code Official.
Any person who shall violate this chapter shall, upon conviction thereof, pay a fine not exceeding $500 or be imprisoned in the county jail for a term not exceeding 90 days, or both, for each offense. The Judge before whom any person is convicted for violating any of the provisions of this chapter shall have the power to impose any fine or terms of imprisonment not exceeding the maximum fixed herein.
In addition to the remedies contained in § 340-16, the Construction Code Official shall be empowered to seek injunctive relief to prohibit any violation of this chapter and shall further be empowered to rescind the permit by reason of a violation of the provisions of this chapter.