[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:
A.
Present contour lines and contour grades of the lands
at five-foot intervals.
B.
Proposed contour lines and proposed contour grades resulting
from such intended removal of soil at five-foot intervals.
C.
Grades of all abutting streets, lots and lands.
D.
The location of all structures within 200 feet of the
property.
E.
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.
F.
Such other pertinent data as the Planning Board or Borough
Engineer may require.
A.
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."
B.
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.
A.
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:
(1)
Soil erosion.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets, lots and land.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
The effect on the water table.
(8)
Such other factors as may in the opinion of the Planning
Board relate to the harmonious physical development of the Borough.
B.
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.
