[HISTORY: Adopted by the City Council of the City of Hackensack 6-7-1954 by Ord. No. 554; amended and revised 10-5-1959 (Ord. No. 717) as Ch. 8, Article III, Section 9, of the 1959 Revised Ordinances; amended in its entirety 10-8-2013 by Ord. No. 20-2013 . Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Building, Housing and Land Use Department.
- To dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour; transport or supply. This term shall not be construed to include the plowing, spading, cultivating, harrowing or dicing of soil, or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
- Any and all topsoil, earth, sand, clay, loam, gravel, humus, rock, shale rock or dirt, without regard to the presence or absence therein of organic matter.
- SUITABLE FILL
- The applicant shall provide the Department with sufficient documentation, including certified manifests, that the fill is suitable to a particular location. Suitable materials shall include but not be limited to materials such as earth, clay, gravel, stone, dirt, recycled concrete, etc.
- UNSUITABLE FILL
- The applicant shall provide the Department with sufficient documentation, including certified manifests, that the fill is not in part or in whole composed of the following unsuitable materials. The unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs, etc.
Except where a building permit has been issued, no person shall excavate or place soil, exceeding 25 cubic yards, on any lot within the boundaries of the municipality without having obtained a permit from the Department.
All applicants for development before the Planning Board or Zoning Board shall seek a soil movement permit.
Applications for permits to be issued under this chapter shall be made in writing in duplicate, to the Department, shall be signed by the applicant and shall be accompanied by:
Three copies of a survey of the premises from which the soil is to be removed or placed, showing the present contour lines and contour grades of the premises and the proposed contour lines and proposed contour grades after such intended removal or placement of soil in relation to the topography of the premises.
A statement as to the kind of soil to be removed or placed. The place to which each kind and quantity of soil will be moved, and the quantity in cubic yards of soil to be removed or placed.
Written endorsement of the owner or owners of the lands from which the soil is to be removed, signifying consent to the removal by the applicant.
Certification that the soil is "clean" and does not contain any contaminants or debris that may be harmful to the environment or adjacent properties and waterways.
The Department, in conjunction with the Municipal Engineer, if required, shall signify approval or disapproval of the application in writing, signed and dated, upon both copies of the application. The Department shall retain the original application and the map and shall return the duplicate of the application to the applicant upon personal request therefor at the office of the Department. Reapplications may be accepted by the Department without the necessity of filing further surveys, provided that no changes in contour lines or grades are indicated in applications subsequent to the original.
In the event of disapproval by the Department of an application for a permit, an applicant shall be given an opportunity to be heard by the Planning Board of the City of Hackensack by filing an application with the Department.
In considering and reviewing the application for and/or refusal of a permit, the Department shall be guided by and take into consideration the public health, safety and general welfare, as well as the general purpose of municipal planning, with particular consideration to the following factors:
Soil erosion by water and weather.
Surface and subsurface water drainage.
Lateral support, slopes and grades of abutting streets and lands.
Land values and uses.
Prior development approvals.
Public health and safety.
Preservation of trees and shrubbery.
Prevention of sharp declivities, pits and depressions.
Consistency with the Bergen County Soil Conservation District standards.
The route that the soil-moving vehicles will use, and the adequacy of the public streets to accommodate the same.
Proximity to wetlands and flood hazard areas.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the City.