[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon 7-20-1988 by Ord. No. 15-1988 (Ch. 146 of the 1990 Code). Amendments noted where applicable.]
This chapter may be cited and referred to as
the "North Haledon Soil Moving Ordinance."
The Mayor and Council hereby find that the uncontrolled
and unregulated excavation, filling and removal of soil has resulted
and will result in conditions detrimental to the public safety, health
and general welfare, deterring substantially the efforts of the Borough
to promote and effectuate the general purpose of municipal planning.
Whenever used in this chapter, the following
terms shall be deemed and construed to have the following meanings:
The board or official designated by this chapter to receive
and review soil permit applications and to issue soil permits (i.e.,
the Planning Board, Board of Adjustment, the Municipal Engineer or
the Construction Official) and, in the event of an appeal, the Mayor
and Council.
[Amended 6-19-1991 by Ord. No. 15-1991]
Improvement of a lot by the construction or erection of one
or more buildings for residential, commercial or industrial purposes
and improvement of lands through conservation and flood control.
Any person who shall move or remove soil, as the terms are
hereinafter defined.
The placing, planting, arranging, trimming, cutting, removing
of trees or maintenance of lawns, trees, bushes, shrubs, gardens,
sod and pavers and related appurtenances on land or property for the
purpose of improving or maintaining same.
[Added 8-16-2006 by Ord. No. 15-2006]
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough of North
Haledon or in the office of the Passaic County Clerk.
To dig; to excavate; to remove; to deposit; to place; to
fill; to grade, regrade, level or otherwise alter or change the location
or contour; to transport; or 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.
Any person seized in fee simple of any lot or having such
other interest or estate therein as will permit exercise of effective
possession thereof or dominion thereover.
Any individual, firm, association, partnership or corporation
or any group of two or more of them.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
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.
A.
No person shall excavate, remove or move or cause,
allow, permit or suffer to be removed or moved any soil from, in or
upon any lot in the Borough of North Haledon unless and until a soil
permit therefor shall first have been issued by the approving authority.
B.
Exceptions. No soil permit shall be required in connection
with the construction or alteration of a building or structure on
any lot to move soil incidental thereto, provided that no soil is
removed from the lot, and further provided that a building permit
and, where applicable, site plan or subdivision approval has been
obtained.
[Amended 6-19-1991 by Ord. No. 15-1991; 8-16-2006 by Ord. No. 15-2006]
C.
Landscaping exemption.
[Added 8-16-2006 by Ord. No. 15-2006]
(1)
No soil movement permit shall be required for routine
landscaping and/or placement of soil, topsoil and/or landscaping up
to 10% of gross square footage of the property owner's lot in any
one year, with the exception of those circumstances where there is
a modification and/or diversion of the natural flow of water existing
at the time landscaping is modified.
(2)
In those circumstances, not including routine landscaping,
where a property owner intends to place soil, topsoil and/or landscaping
up to 10% of gross square footage of the property owner's lot in any
one year, or where there is a modification and/or diversion of the
natural flow of water existing at the time landscaping is modified,
the property owner shall first complete and execute a soil movement
exemption application from the Construction Official, who shall determine
whether to grant the exemption or require the submission of a soil
movement permit in the totality of circumstances.
A.
Form of application. On forms prescribed and supplied
by the approving authority, the applicant shall set forth in triplicate:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the lot.
(3)
A description of the lot in question, identified as
to the block and lot or lots on the current Tax Assessment Map of
the Borough of North Haledon.
(4)
The ultimate purpose or reason for excavating, moving
or removing the soil.
(5)
The kind and quantity, in cubic yards, of soil to
be excavated, moved or removed. In the case of removal, the place
to which the soil is to be removed and the kind and quality of the
soil to be removed shall be set forth. In the case of soil to be brought
in, the place from which the soil is to be brought and the kind and
quality of the soil to be brought in shall be set forth.
(6)
The proposed dates of commencement and completion
of the work.
(7)
The name, address and telephone number of the person
having direct charge, supervision and control of the proposed excavation
work.
(8)
The name, address and telephone number of the person
having direct charge or control of the operation of removing the excavated
material.
(9)
A description of the equipment to be used in the excavation
and removal of the soil.
(10)
A description giving the number and size of
the trucks or other vehicles to be used in the removal of soil.
(11)
A description of the route or routes to be used
by the vehicles in removing the soil.
(12)
In the event that the removal of said soil is in connection with the development of a subdivision or site plan, all of the information required under Chapter 490, Site Plan Review, and Chapter 530, Subdivision of Land, of the Code of the Borough of North Haledon, together with evidence of Planning Board approval thereof.
(13)
Evidence of compliance with applicable soil
erosion and sediment control regulations.
(14)
In the event that the contemplated work shall
proceed in stages, a map showing the division of the tract into mining
sectors, clearly indicating the order in which each sector is to be
mined and the length of time to be devoted to each sector.
(15)
Such other data as the approving authority may
require, consistent with its review function and the standards governing
said review.
(16)
In the event the movement of soil is in connection
with a subdivision, the applicant shall provide all information necessary
to accurately depict and quantify the soil movement that will be required
for the completion of the roadway and utilities and other required
infrastructure. Any soil movement with regard to construction on individual
sites, unless required by the infrastructure installation, will be
included in separate soil movement applications for each individual
site.
[Added 7-15-1992 by Ord. No. 18-1992]
B.
Signature and endorsement. The application shall bear
the signature of the applicant and the endorsement of the owner or
owners of the lands signifying approval of the application, consent
of the applicant to perform the proposed work and consent to the Borough,
in the event of failure of the applicant to do so, to cause the proposed
work to be completed and otherwise terminated in keeping with the
purposes and objectives herein stated.
C.
In the event that the total quantity of soil to be
moved is greater than 350 cubic yards, the application and all other
documents and fees which may be required shall be submitted to the
Planning Board. In the event that the moving of soil for which a permit
is required is in connection with property on which subdivision or
site plan is being sought simultaneously, the application and all
other documents shall be submitted to the approving board. In all
other cases, said application and all other documentation shall be
submitted to the Municipal Engineer.
[Amended 6-19-1991 by Ord. No. 15-1991]
D.
Referral to Planning Board. Where, by reason of the size or complexity of the soil moving contemplated by the applicant, the Municipal Engineer may, notwithstanding the provisions of Subsection C above, within 10 days of the filing of the application, refer the application to the Planning Board for its approval and shall so notify the applicant. Upon such referral by the Municipal Engineer, the Planning Board shall assume exclusive jurisdiction of the application.
[Amended 6-19-1991 by Ord. No. 15-1991]
E.
Topographical map. Accompanying the application shall
be eight prints of a topographical map, prepared and certified by
a licensed professional engineer and land surveyor of the State of
New Jersey, showing:
(1)
The dimensions and lot and block number of the lot
upon which the soil-moving operations are to be conducted and of all
surrounding lands within 200 feet of the perimeter of the subject
lot.
(2)
The present grades of the subject lot and all lots
within 200 feet of the perimeter of the subject lot.
(3)
The existing elevations of all buildings, structures,
streets, bodies of water and watercourses, natural or artificial.
(4)
The proposed final elevations at each point where
existing elevations shown on the map are to be changed as a result
of the completion of the proposed work.
(5)
Present surface water drainage and proposed facilities
for surface water drainage and, where applicable, channels of any
streams, bodies of water and watercourses, natural or artificial,
including detailed cross sections showing proposed channel widths,
bank slopes and method of erosion control.
(6)
Proposed slopes and lateral supports to adjacent properties
and on the subject lot.
(7)
The limits of the area or areas within the subject
lot within which the soil-moving operations are to be conducted.
(8)
Accurate cross sections showing the locations and
quantities, in cubic yards, of the soil to be moved.
(9)
A map shall be provided to delineate areas of slope
ranging from 0% to 5%, 5% to 10%, 10% to 15% and 15% and up within
the site and their percentages of the area being disturbed.
[Amended 6-19-1991 by Ord. No. 15-1991]
(10)
Such other pertinent data as the approving authority
may require.
[Amended 6-19-1991 by Ord. No. 15-1991]
F.
Where, by reason of the simplicity of the application, the approving authority determines that all or part of the information set forth in Subsection E above is not necessary to make an informed determination on the application, the approving authority may waive all or part of the requirements set forth in said Subsection E.
A.
Simultaneously with the filing of the application, there shall be submitted to the approving authority a fee, payable to the order of the Borough of North Haledon, as provided for in Chapter 275, Fees.
[Amended 5-9-1990 by Ord. No. 5-1990]
B.
In the event that the fees posted by the applicant
are insufficient to meet the reasonable engineering, legal and administrative
expenses incurred by the Borough in processing the application and
monitoring the applicant's performance, then the applicant shall,
upon the request of the Borough, immediately pay such additional engineering,
legal, administrative and other expenses incurred by the Borough.
In the event that the project is not completed or in the event that
the applicant does not pay all the fees required by this chapter,
the sums due to the Borough shall become an obligation of the owner
of the property and shall become a lien upon the property.
[Amended 6-19-1991 by Ord. No. 15-1991]
The Municipal Engineer shall from time to time
upon his/her own initiative, whenever directed by the Borough Administrator
or whenever directed by the approving authority, make an inspection
of any site within the Borough from which soil is to be moved and
shall make such engineering studies as may be required to determine
the effect of the removal of soil from the location as it relates
to soil erosion by water and wind, surface and subsurface water drainage,
soil fertility, lateral support of abutting streets and lands, public
health and safety and any other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Borough. He/she shall also inspect the site to determine whether
stakes have been placed on each corner and whether grade stakes have
been placed at the existing elevation points designated on the topographical
map.
In considering and reviewing the application,
the approving authority shall be guided by the general purpose of
municipal planning and shall take into consideration the following
factors:
A.
Soil erosion by water and wind.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
The general welfare of the Borough of North Haledon
and its citizens.
H.
The unsightliness of the premises after excavation.
I.
The effect of flooding.
J.
Whether the proposed work will create a nuisance.
K.
Whether the proposed work is necessary in connection
with the immediate development of the property.
L.
Traffic congestion and the effect upon the roads within
the Borough.
M.
The effect that the proposed work would have on individual
sanitary sewage disposal systems.
N.
Preservation of existing watercourses.
O.
The creation of sharp declivities, pits or depressions.
P.
Whether the proposed work constitutes a commercial
activity.
Q.
Such other factors as may bear upon or relate to the
development of the coordinated and harmonious physical development
of the Borough.
A.
The approving authority shall, within 60 days after
the filing of the application and the topographical map containing
all of the information required pursuant to the provisions of this
chapter and the payment of the requisite fee, grant or deny the application.
The approving authority, in approving said application, may attach
such reasonable conditions to said approval as it may deem necessary.
B.
The approving authority may, in its discretion, require
a public hearing prior to its decision on all applications to move
less than 1,000 cubic yards. The approving authority shall require
a public hearing prior to its decision for all applications to move
1,000 cubic yards or more:
[Amended 6-19-1991 by Ord. No. 15-1991]
(1)
By publishing a notice, in an official newspaper of
the Borough of North Haledon at least seven days prior to the date
set by the approving authority, of the date set for the public hearing;
and
(2)
By delivering a copy of said notice, by certified
mail or by personal service, to all property owners within 200 feet
of the perimeter of the subject property as their names appear on
the municipal tax records.
C.
The applicant, at or prior to the public hearing,
shall file an affidavit with the approving authority certifying compliance
with the notice provisions above set forth.
D.
In the event that a public hearing is so ordered by
the approving authority, the time for the making of its decision shall
be extended to not later than 30 days after the date of the hearing.
E.
Failure of the approving authority to act within the
time specified herein shall be deemed a denial of the application.
F.
Nothing herein contained shall prohibit the extension
of the time periods herein set forth by the written consent of the
applicant.
A.
Filing of appeal. Any person aggrieved by the decision
of the approving authority may, not later than 30 days after said
decision, appeal that decision to the Mayor and Council.
B.
Public hearing. The Mayor and Council may, in its
discretion, require a public hearing on said appeal and, if so required,
shall cause a notice setting forth the time and place thereof to be
published in an official newspaper of the Borough at least seven days
prior to the date set for the public hearing.
C.
Consideration of appeal; decision. The Mayor and Council
shall consider the matter de novo and shall decide the appeal within
45 days from the filing of the appeal or from the public hearing,
whichever is later. The Mayor and Council may reverse, remand or affirm,
wholly or in part, or may modify the decision of the approving authority.
The affirmative vote of a majority of the full authorized membership
of the Mayor and Council shall be necessary to reverse, remand or
modify the decision of the approving authority.
A.
Contents of permit. The soil permit shall be in such
form as may be prescribed by the approving authority, signed by the
Secretary and the Chairperson of the Planning Board or the Construction
Official, as the case may be, and shall contain any special conditions
set forth in the decision of the approving authority.
B.
Duration of permit. The soil permit shall be dated
as of the date it is actually issued, and the term of the permit shall
not exceed one year. All permits shall automatically expire on the
termination date unless an application for renewal has been made and
approved by the Planning Board, in writing, extending the permit.
No such extension shall exceed one year.
A.
Bond required. No soil permit shall be issued unless
the applicant has posted with the Borough a performance bond in a
form and with surety acceptable to the Borough, in such amount as
the approving authority shall determine, conditioned upon full and
faithful performance by the principal, within the time specified in
the application, of all proposed work in accordance with the provisions
of this chapter and of the soil permit. In the event that the applicant
fails to post the required performance bond within 60 days, the approval
of the approving authority shall be automatically rescinded.
B.
Amount of bond. The amount of the bond shall be determined
at the rate of not less than $0.15 per cubic yard and not in excess
of $0.50 per cubic yard of the amount of soil to be moved; provided,
however, that in no event shall the bond be less than the principal
amount of $2,000. In ascertaining the rate upon which to compute the
amount of the bond, the approving authority shall take into consideration
such factors as may bear upon the facility with which the proposed
work may be performed, including but not limited to the type and character
of soil, the extent of the area over which the soil-moving operations
are to be conducted, the extent and depth of the various cuts and
fills, the extent to which the area of operations is wooded, the proximity
of the proposed operations to streets, buildings, natural or artificial
streams or watercourses and general drainage conditions. In addition,
the bond shall be conditioned upon the repair, at the expense of the
owner and applicant, of any street or streets damaged by the transportation
of soil in connection with the application if, in the judgment of
the Mayor and Council, such repairs are deemed to be necessary. The
term "expense," as used herein, shall include the cost of supervision
incurred by the Borough Engineer in connection with such repairs.
The approving authority may require that no more than 10% of the amount
of the bond required by this section shall be in the form of a cash
deposit.
C.
Written consent of surety required. Before the holder
of any soil permit proceeds before the approving authority with an
application for any amendment or alteration of the terms and conditions
of any outstanding soil permit, there shall be submitted to the approving
authority the written consent of the surety on the bond approving
the application for amendment or alteration and consenting to extension
of the bond coverage thereto.
D.
Application for release of bond. Applications for
the release of any bonds posted in accordance with the terms of this
chapter shall be accompanied by an affidavit stating that the soil-moving
operation has been completed in accordance with the application and
all plans, maps and other data filed therewith and in accordance with
all resolutions and conditions. The affidavit shall be executed by
a licensed professional or civil engineer of the State of New Jersey.
All excavation and removal of soil in the Borough
shall be performed subject to the following conditions, regardless
of whether or not a permit is required:
A.
All boulders, tree stumps and other debris shall be
removed from the property.
B.
In dry weather, the person conducting such operation
shall dampen the ground where operations are conducted to prevent
dust.
C.
No trucks used shall be loaded above the level of
the sides of the truck, to prevent spillage, and all streets shall
be cleaned at the applicant's expense each day of any spillage or
soil on such streets resulting from truck operation.
D.
All truck loads shall be covered with tarpaulin and,
if necessary, treated by water or chemical to prevent flying dust.
E.
No trucks, machinery or any part of the operation
shall be conducted before 7:00 a.m. or after 5:00 p.m. on weekdays,
before 8:00 a.m. or after 5:00 p.m. on Saturdays, nor at any time
on Sunday or federal or state legal holidays.
F.
All vehicles engaged in such operations shall use
as routes only those Borough streets which have been approved by the
Planning Board.
G.
The entire area covered by the work shall be maintained
and left in such a manner as not to create or maintain a nuisance
or condition hazardous to life and limb or to the health or general
welfare of the inhabitants of the Borough of North Haledon.
H.
All excavation, removal and other mandatory ground
cover work proposed in the application and map, including restoration
of property to final grades and subsequent seeding, must be completed
within one year from the date of the permit.
I.
No more soil shall be removed than is reasonably necessary
for the development and use of the land.
J.
No soil removal shall be allowed which shall cause
damage to adjacent properties or detrimentally affect the values of
adjacent properties.
K.
The operation must be conducted in a phased fashion
so that one sector of the tract is mined and covered with planting
prior to the commencement of mining operations in another sector of
the tract.
L.
The Borough Engineer or other authorized representative
of the Borough shall be permitted to inspect the seeding and planting
and general conduct of the mining operation to assure that the same
is being conducted in a manner that shall assure the satisfactory
control of erosion and that it is being conducted in full accordance
with the remainder of this chapter.
M.
Excavation shall not be below the grade levels shown
in the topographical map.
A.
Whenever any developer or excavator shall move topsoil
in or on any lot, provision shall be made for the storage of the topsoil
within the boundary lines of the lot.
B.
Except as provided, all of the topsoil so stored shall
be uniformly replaced over the entire area or surface of the lot on
or before the completion date set forth in the soil permit, so that
the final grade or grades of replaced topsoil shall be in accordance
with the proposed final grades shown on the topographical map.
C.
No developer or excavator shall remove to any point
beyond the boundary lines of the lot any topsoil whatsoever unless
and until topsoil not inferior in quality to that to be removed shall
first have been replaced uniformly to a depth of not less than six
inches, measured from the proposed final grades as shown on the topographical
map, over the entire surface or area of the lot, excepting only such
portions thereof as shall be or shall have become, since the date
of filing of the topographical map, permanently covered by a building
or structure, street pavement, curb, sidewalk, driveway or other paved
area or by any body of water or waterway. In no event shall the developer
or excavator remove from the lot more topsoil than that comprising
the surplus or excess remaining after the replacement of the topsoil.
No developer or excavator shall, at any time
in the course of the work, dig or excavate more than six inches below
the proposed final grades as shown on the topographical map, unless:
A.
The soil permit specifies otherwise, and the performance
bond makes specific provision for replacement, on or before the completion
date, of soil of sufficient quantity and kind to restore the final
grades to those shown on the topographical map.
B.
After issuance of the soil permit, the developer or
excavator, before digging or excavating below the minimum level, shall
apply to the approving authority and be granted an amendment of the
application and topographical map then in effect, which amendment
may be granted upon such terms as the approving authority may deem
necessary to assure adherence to the purpose and objectives of this
chapter.
No developer or excavator shall deposit soil
upon, fill in or raise the grade of any lot without first making provision
for:
A.
The use in the work of soil or such other materials
as will not result in deviation from the proposed final grades or
the uniformity thereof by reason of abnormal shrinkage or settlement.
B.
The collection and storage upon the lot of the original
topsoil, to the end that the topsoil shall not be buried beneath soil
or other material of inferior quality, and the uniform replacement
of the topsoil so stored over the entire area or surface of the fill
soil or other material so that the final grade or grades of the replaced
topsoil shall be in accordance with the proposed final grades shown
on the topographical map. In the event that such provision is not
practicable, provision shall be made for the uniform placement over
the entire area or surface of the fill soil or other material, excepting
only such portions thereof as shall be or shall have become permanently
covered by a building or structure, street, pavement, curb, sidewalk,
driveway or other paved area or by any body of water or waterway,
of a layer of topsoil not inferior in quality to that of the original
topsoil, to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Borough shall have the right to enter into or upon any lands in or
upon which soil-moving operations are being conducted to examine and
inspect such lands.
A.
In the event that any of the provisions of this chapter
or any other laws are alleged to have been violated, the Mayor and
Council may terminate or suspend any permit issued hereunder. Such
suspension or revocation shall be determined as follows:
(1)
The Mayor or other person authorized by the Mayor
and Council shall cause a written notice of the alleged violations
of this chapter or of any other laws involved to be served upon the
applicant or any of the agents of the applicant upon the premises,
together with a notice of the time and place of a public hearing to
be held within 21 days after service, directing the applicant to show
cause before the Mayor and Council why the permit should not be suspended
or revoked.
(2)
At the hearing, the Mayor and Council shall hear all
of the evidence offered by the Borough and the applicant which is
material to the issue and shall make a prompt determination of its
findings. If the findings are in favor of the applicant, the charges
shall be dismissed, but if the findings are against the applicant,
the permit issued may be revoked entirely or suspended upon such conditions
as the Mayor and Council may direct.
B.
In the event that any of the terms and conditions
of this chapter or the terms and conditions of the permit shall have
proven to have been violated, the permit shall be immediately suspended
and all work shall immediately cease.
(1)
If the owner shall eliminate the violations within
30 days of the suspension, the owner shall apply to the Mayor and
Council in writing for permission to continue the operation, and if
the Mayor and Council is satisfied that the violations no longer exist,
it may restore the permit to the owner, but such restoration shall
not serve to increase the time limit of such permit.
(2)
If such violations are not eliminated within said
30 days, the permit shall be deemed to be automatically revoked and
the bond declared forfeited without any further action by the Mayor
and Council.
C.
This section is hereby made a part of each and every
permit hereafter issued by the Mayor and Council, and acceptance of
such permit shall constitute complete acquiescence by the principal
and surety on said bond.
D.
No fee or other charge or portions thereof shall be
refunded following revocation or suspension of any permit.
Notwithstanding the provisions of § 504-18 above, when, in the judgment of the Mayor or the Mayor and Council, the moving and removal of soil causes a serious emergent and continued impediment to the passage of public traffic or endangerment to the public health, safety or welfare, the Mayor or Mayor and Council may temporarily halt such operation until the emergent danger to the public's health, safety or welfare is abated, but in no event shall such emergency suspension of operations exceed 30 days.
A.
B.
Upon the recommendation of the Borough Engineer and
upon furnishing the owner with written notice, the Borough may levy
upon any bonds furnished to guarantee performance of the work set
forth in the soil permit or soil agreement. Upon the recommendation
of the Borough Engineer and upon furnishing the owner with written
notice, the Borough may either perform remediation or require the
owner to perform remediation of any soil and/or topsoil movement activity
and/or landscaping which was not authorized, exceeds any authorization
given and/or for which no permit had been obtained. Where a bond exists,
the Borough may proceed against said bond. In the event that said
bonds are insufficient to cover the costs of performing or completing
said work, then the costs of said performance shall be assessed against
the property and shall become a lien upon said property. In the event
there exists no bond, or the Borough is unaware of the existence of
a bond, the costs to perform or complete any work set forth in this
subsection shall be assessed against the property and shall become
a lien upon said property.
[Amended 8-16-2006 by Ord. No. 15-2006]
C.
Nothing herein contained shall preclude the Borough
from pursuing any civil remedy available in law or in equity.