A.
The unregulated and uncontrolled relocation, filling,
excavation and removal of soil on a large scale has resulted and can
result in conditions detrimental to the public safety, health and
general welfare, substantially hampering and deterring the efforts
of the Township of East Hanover to effectuate the general purpose
of municipal planning, and must be controlled.
B.
The unregulated and uncontrolled relocation, filling,
excavation and removal of soil will result in serious and irreparable
damage to the public welfare by reason of consequent soil erosion
by water and wind; inadequate and improper surface water drainage;
increased flooding and flood damage both within and without the Township;
the decrease in or destruction of the fertility of soil, the removal
of lateral support of abutting streets, land and premises; the creation
of dust storms and mosquito-breeding areas; the creation of dangerous
depressions; the deterioration of property values; the rendering of
lands unfit or unsuitable to their most appropriate uses; and the
creation of other factors and elements affecting the coordinated,
adjusted and harmonious physical development of the Township, and
must be controlled and regulated.
The purpose of this article shall be to prevent
the unregulated and uncontrolled relocation, filling, excavation and
removal of soil by property owners, developers and excavators which
may result in conditions detrimental to the public safety, health
and general welfare, substantially hampering and deterring the efforts
of the Township to effectuate the general purpose as expressed herein.
As used in this article, the following terms
shall have the meanings indicated:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two or more dwelling houses, a business or industrial
building in any subdivision, for the purpose of sale to or occupancy
by another person or persons.
Any person who moves soil.
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 Township or in
the office of the Morris County Clerk. For the purposes of this article,
a "lot" shall also be deemed to be any contiguous parcels of land
under common ownership, which ownership can be ascertained by reference
to the maps and records, or either, in the office of the Tax Assessor
of the Township or in the office of the Morris County Clerk.
Any soil permit other than a minor soil permit for the moving
of soil within any period of 12 consecutive months.
A permit for the moving of more than one but less than 100 cubic yards of soil within any 12 consecutive months, as required by § 95-73 hereof, and which is not submitted with or determined to affect an application for subdivision or site plan approval. If two or more applications in any 12 consecutive months' period require the movement of soil in excess of 100 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with § 95-74 hereof.
To dig; excavate; remove; deposit; place; fill; grade; regrade;
level or otherwise alter or change the location of contour; or 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, landscaping and
gardening by homeowners or agents of homeowners, provided it does
not substantially alter existing drainage patterns.
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 earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter,
including any synthetic substance used as a substitute or in conjunction
with soil.
The Township Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. Suitable materials
shall include but not be limited to materials such as earth, clay,
gravel, stone, dirt, etc.
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.
The Township Engineer shall determine whether the fill is
suitable or unsuitable to the particular location. Unsuitable materials
are materials such as peat moss, organic material, vegetation, leaves,
tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs,
etc.
[Amended 8-27-1981 by Ord. No. 21-1981]
No owner, developer or excavator shall move
or cause, allow, permit or suffer to be moved any soil in or upon
any lot in the Township until a soil moving permit therefor shall
first have been issued in accordance with the provisions of this article.
All applications for soil moving permits shall be made through the
Township Engineer.
[Amended 8-27-1981 by Ord. No. 21-1981]
The procedure for applying for and issuance
of a minor soil moving permit shall be as follows:
A.
Applications for minor soil permits shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in § 95-75 of this article. Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Township Engineer. In addition to any other requirements which the Township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following:
(1)
The identity and address of the applicant.
(2)
The lot and block numbers and street address of the
lot or lots involved.
(3)
The identity and location of the owner of the property.
(4)
The purpose or reason for the moving of soil.
(5)
The estimated quantity in cubic yards of soil to be
moved.
(6)
A statement as to how the moving of the soil will
affect all trees with a diameter of six inches or more.
(7)
The proposed date of completion of the work.
(8)
The Township Engineer may require the applicant to
submit an existing topographical map and proposed grading and drainage
plan and give notification by certified mail to the abutting property
owners if the Township Engineer deems it necessary due to the existence
of drainage or erosion problems and to protect the health, safety
and welfare of the applicant, the property and the community.
B.
The Township Engineer, upon receipt of the application,
shall make a field investigation and shall issue the permit or deny
it, giving his reasons for denial. The Township Engineer will forward
a copy of the permit to the Township, the Planning Board and one copy
to the applicant and shall retain one copy on file. The Township Engineer
shall classify any minor soil application as a major soil application
if he finds that the application should be considered as part of a
site plan or subdivision application, or that the application will
present drainage or erosion problems or that it will adversely affect
abutting property.
The procedure for applying for and issuance
of a major soil moving permit shall be as follows:
A.
On forms prescribed and supplied by the Planning Board,
the applicant shall set forth, in duplicate, to the Planning Board,
with carbon copies to the Township Engineer and Zoning Enforcement
Official's office:
(1)
The name and address of the applicant.
(2)
The names and addresses of the owners of the premises.
(3)
If the soil moving application is submitted in conjunction
with subdivisions of six or more lots or for multifamily houses of
25 or more units or for approval of a commercial development and the
applicant or owner is a corporation, the names and addresses of the
officers of the corporation, the Board of directors and each and every
stockholder of record possessing greater than ten-percent interest
in the stock of the corporation.
(4)
The relationship between the applicant and the owners.
(5)
The interest that the applicant has in the lands in
question.
(6)
The description of the lands in question, including
lot and block numbers of the lot or lots involved.
(7)
The purpose or reason for moving the soil and whether
it will be done in connection with a proposed subdivision; if so,
the date of filing the application for subdivision.
(8)
A detailed statement of the method or process to be
employed for the excavation and the proposed time period for removal.
(9)
The kind and quantity in cubic yards of the soil to
be removed.
(10)
In case of removal or replacement of soil, the
place to which the soil is to be removed and the place from which
and quantity of soil to be removed, in fill and excavation, and the
transportation route to be used within the Township.
(11)
The proposed date of the completion of the work,
including hours and days of operation.
(12)
The name and address of the excavator, contractor
or the person having express charge, supervision and control of the
proposed excavation work.
(13)
The number, capacity, type and description of
each piece of equipment to be used in the operation and the number
of truckloads to be removed.
(14)
The routes over which the material will be transported
and the method of traffic control.
(15)
The method of abating noise and dust in the
operation.
(16)
The number of trees to be removed and a statement
as to how the moving of soil will affect all trees with a diameter
of six inches or more.
(17)
The means of assuring lateral support and preventing
erosion, floods and washing of silt into streams.
(18)
The submission of an integral soil and sedimentation
control plan.
(19)
The means of protecting downstream properties
from the effects of the operation.
(20)
A certificate that he has placed or caused to
be placed stakes at each corner of the lot or lots from which soil
is to be removed, and further, that he has placed or caused to be
placed grade stakes at the existing elevation points designated on
the topographical map pursuant to the provisions of this article,
clearly marked to indicate the soil cuts or fill.
(22)
Such other pertinent data as the Planning Board
of the Township of East Hanover may hereinafter reasonably require.
(23)
The moving of soil into floodplains must be
approved by the New Jersey Department of Environmental Protection
in addition to any municipal permit obtained.
[Added 8-27-1981 by Ord. No. 21-1981]
B.
Signatures. Said application shall bear the signature
of the applicant and the endorsement of the owner or owners of said
lands signifying approval of the application, consent to the applicant
to perform the proposed work and consent to the Township, in the event
of failure of the applicant to do so, to cause the proposed work to
be completed or otherwise terminated in keeping with the purposes
and objectives of this article.
C.
Topographical map. Accompanying the application shall
be eight prints of a topographical map of the lot upon which the proposed
soil moving operations are to be conducted and of all surrounding
lands within 100 feet of the perimeter of said lot, prepared and certified
by a licensed professional engineer or land surveyor of the State
of New Jersey, on a scale of no less than one inch to 100 feet, and
referring to United States Coast and Geodetic Survey data, showing
as to both the lot and the surrounding lands:
(1)
The dimensions of the lot, including distance and
bearings, and the lot and block numbers of the lot and of each lot
in the surrounding lands as shown on a Tax Assessment Map of the Township.
(2)
The existing elevations of all lands on a one-hundred-foot
grid layout.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water.
(4)
All existing surface and subsurface water drainage
conditions and provisions therefor.
(5)
All wooded areas and all trees having a diameter of
six inches or more at the base.
(6)
The limits of the area or areas within the lot or
lots in question within which the soil moving operations are to be
conducted, and the existing elevations of said limits at intervals
of not more than 100 feet.
(7)
The proposed final elevations at each point where
existing elevations shown on said map are to be changed as a result
of completion of the proposed work.
(8)
Proposed slopes and lateral supports at the limits
of the area upon completion of the soil moving operations.
(9)
Existing surface water drainage, channels of any streams,
bodies of water and watercourses, natural or artificial, including
detailed cross sections showing present and proposed channel widths,
bank slopes, grade and method of erosion control; proposed provisions
and facilities for surface water drainage which will result from the
proposed changes in elevations and contours due to the removal of
soil. This information may be provided on a separate map in the form
of a drainage study.
(10)
Accurate cross sections showing the locations
and quantities, in cubic yards, of soil to be removed.
(11)
All proposed elevations in enclosed rectangular
boxes; and all existing elevations to be indicated without any kind
of enclosure.
(12)
Such other pertinent data as the Planning Board
may reasonably require.
(13)
All easements and restrictions of record which
may affect the subject lot or lots.
(15)
Soil erosion and sediment control measures.
[Added 8-27-1981 by Ord. No. 21-1981]
D.
Inspection of site.
(1)
The Township Engineer shall make an inspection of
the site 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:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Township.
(2)
The Township Engineer shall also inspect the aforesaid
site to determine whether stakes have been placed on each corner thereof
and whether grade stakes have been placed at the existing points designated
on the topographical map pursuant to the provisions of this section.
E.
Hearing. The Planning Board shall fix a date for hearing
within 45 days after the receipt of the application and shall give
to the applicant, either personally or by mail, notice of the time
and place of said hearing. The applicant shall, at least five days
prior to the date appointed for said hearing, serve written notice
in person or by certified or registered mail upon such persons as
are shown on the municipal tax records to be the owners of such lots
within 200 feet of the property in question. The applicant shall also,
at least 10 days prior to the date appointed for said hearing, place
a legal advertisement in the official newspaper of the Township of
East Hanover, setting forth its request for a soil moving permit,
which notice shall include the name of the developer, a description
of the property by lot and block, the amount of soil to be moved,
the purpose for which the soil is to be moved and the time, date and
place of said hearing. The applicant shall, at the hearing, present
to the Planning Board satisfactory proof, in affidavit form, of the
service and publication of said notices.[3]
F.
Factors to be considered in determining application.
In considering the application, the Planning Board shall be guided
by the general purpose of municipal planning and shall take into consideration
the following factors:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface water drainage.
(3)
Soil fertility and soil-bearing capacity.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
The general welfare of the municipality and of the
citizens of the Township of East Hanover.
(8)
The unsightliness of the premises after excavation.
(9)
The effect of flooding upon the premises in question
and other property within and without the Township.
(10)
Whether the proposed work will create a nuisance.
(11)
Whether the proposed work is necessary in connection
with the development of residential property.
(12)
The effect that the proposed removal of soil
would have on individual sanitary sewage disposal systems.
(13)
The preservation of existing watercourses.
(14)
The creation of sharp declivities, pits or depressions.
(15)
Whether the proposed removal of soil constitutes
a commercial activity.
(16)
Proposed complete site plan or preliminary subdivision
plan.
(17)
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Township.
(18)
Proposed soil and sedimentation control plan.
G.
Decision. The Planning Board shall review and consider
the completed application, all of the requirements of the provisions
of this article, the material factors brought up at the public hearing
and the reports of other reviewing authorities of the Township and
shall either grant or deny the issuance of said soil permit. If the
Planning Board denies the permit, the reason for the denial shall
be stated. The Planning Board may also issue a permit with stipulations
and conditions. The Planning Board shall grant or deny the application
within 45 days of the filing of a complete application or within such
further time as may be mutually consented to between the applicant
and the Planning Board.[4]
H.
Appeal. Any interested party may appeal to the governing
body the final decision of the Planning Board on an application for
major soil moving permit. Any such appeal shall be made within 10
days from the date of publication of such final decision. The appeal
to the governing body shall be made by serving the Township Clerk
in person or by certified mail with a notice of appeal specifying
the grounds thereof and the name and address of his attorney, if represented.
Such appeal shall be decided by the governing body upon the record
established before the Planning Board.
[Amended 8-27-1981 by Ord. No. 21-1981[5]]
B.
Soil moving fee. The soil moving fee will be charged
at $0.08 per cubic yard of fill or excavation, whichever is greater,
less the soil application fee. If the permit is voluntarily withdrawn,
the soil moving fee shall be refunded less the expenses incurred by
the Township.
C.
Exemption from fees. All utility companies and federal,
state and local authorities, including the Board of Education and
charitable organizations, may be exempt from the requirements of soil
application fees and soil movement fees at the discretion of and upon
application to the Township Committee.
A.
In the event that the Planning Board approves the
soil moving permit application, the Planning Board shall forthwith
give notice to the applicant of the action of the Planning Board.
When a performance guaranty is required, the Planning Board shall
also give notice of the amount of the performance guaranty required
as hereinafter set forth in this section. In the event that the applicant
fails to post the required performance guaranty within 60 days of
said notice, then the approval of the Planning Board shall be automatically
rescinded, but in no event shall any soil moving activities be begun
until required performance guaranties are posted.
B.
No major soil moving permit shall be issued unless
the applicant therefor shall have posted with the Township a performance
guaranty, in form approved by the Township Attorney, in either cash
or its equivalent, or surety bond as specified by the Township Committee,
in such amount as the Planning Board, upon written recommendation
of the Township Engineer, shall determine, conditioned upon full and
faithful performance by the principal, within the time specified in
the application, of all the proposed work in accordance with the provisions
of this article and of the soil moving permit issued pursuant hereto.
C.
Amount of performance guaranty.
(1)
The amount of said performance guaranty shall be determined
at the rate of not less than $0.10 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 said performance guaranty be less
than the principal amount of $2,000. The Planning Board may request
additional performance guaranties for improvements shown on the soil
moving application or plan, such as but not limited to the following:
retaining walls, planting, drainage, erosion control, damages to haul
route, etc.
(2)
In ascertaining the rate upon which to compute the
amount of the performance guaranties, the Planning Board 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,
structures, natural or artificial streams or watercourses and general
drainage conditions.
D.
Before the holder of any soil removal permit shall
proceed before the Planning Board with any application for any amendment
or alteration of the terms and conditions of any outstanding soil
removal permit, there shall be submitted to the Planning Board, if
a performance bond was posted, the written consent of the surety on
said bond approving said application for amendment or alteration and
consenting to extension of the bond coverage thereto.
E.
Applications for the release of any performance guaranties
posted in accordance with the terms of this section or the resolutions
of the Planning Board 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 therein adopted
by the Planning Board. Said affidavit shall be executed by a licensed
professional engineer and land surveyor of the State of New Jersey.
A.
The soil moving permit shall be in such form as may
be prescribed by the Planning Board. A major soil permit shall be
signed by the Secretary of the Planning Board or the Chairman of the
Planning Board, and it shall contain any special conditions set forth
in the recommendation. A minor soil permit shall be signed by the
Township Engineer.
[Amended 8-27-1981 by Ord. No. 21-1981]
B.
The soil moving permit shall be dated as of the date
it is actually issued, and the term of said permit shall not exceed
one year.
C.
All permits shall automatically expire on the termination
date, unless application for renewal has been made and approved in
writing, extending such permit.
D.
Hours of operation. There shall be no soil moving
operations, which includes loading and unloading, at any time between
5:00 p.m. and 8:00 a.m., prevailing time, nor at any time on Sunday
or legal holidays, nor on Saturday after the hour of 12:00 noon.
E.
No soil permit shall be issued until it is determined
that there are no outstanding taxes or assessments for local improvements
due or delinquent on the property for which the application is made.
No person to whom a soil moving permit has been
issued shall:
A.
Conduct or maintain on the premises any sand, gravel
or similar kind of pit; any sand or gravel washing or screening machinery
or equipment; any business or industry not permitted in the district
in which said premises are located and classified by East Hanover
Zoning Ordinance, as amended and supplemented; or any endeavor or
enterprise other than the grading or regrading of said premises in
accordance with the provisions of said permit and, where applicable,
the necessary disposal of soil incidental to said grading or regrading.
B.
Conduct or maintain any soil moving operations without
having first made adequate provisions by means of road oil or otherwise
for the prevention of dust incidental to the use of vehicles, machinery
and equipment on the lands described in the soil permit.
C.
Neglect to dispose of, on or before the completion
date stated in the application, any partially or wholly excavated
boulders or other noncombustible debris resulting from the soil moving
operations, by burial or removal, and any partially or wholly excavated
stumps, felled or uprooted trees or other combustible debris resulting
from the soil moving operations.
D.
Conduct any soil moving operations beyond the expiration
date as set forth in the soil removal permit or extended expiration
date as may duly be granted by the Planning Board.
A.
Whenever any developer or excavator shall move topsoil
in or upon any lot, provision shall be made for the storage of said
topsoil within the boundary lines of said lot.
B.
Except as hereinafter 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 said 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 said 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
as aforesaid.
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 moving permit specifies otherwise and the
performance guaranty, hereinbefore referred to, makes specific provisions
for replacement, on or before the completion date set forth in the
soil removal permit, of soil of sufficient quantity and kind to restore
the final grades to those shown on the topographical map; or
B.
After issuance of the soil removal permit, the developer
or excavator, before digging or excavating below said six-inch level,
shall apply to the Planning Board and be granted an amendment of the
application and topographical map then in effect, which amendment
may be granted upon such terms as the Planning Board may deem necessary
to assure adherence to the purpose and objectives of this article.
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 said 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 said 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 said 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.
C.
Seeding of the property, which shall be accomplished
within one month after completion of the soil moving operation, weather
permitting, but in no event shall seeding of the property be accomplished
more than six months after completion. The applicant will maintain
the seeded area for a period of one year after completion.
A.
Nothing in this article shall be construed to affect
or apply to any person engaged in the moving of soil in and upon lands
enrolled in the soil conservation program of the Northeastern Jersey
Soil Conservation District of the United States Department of Agriculture
Soil Conservation Service and for which lands an "approved farm plan"
has been established by said agency, provided that all soil moving
operations in and upon such lands are performed in accordance with
said approved farm plan.
B.
The provisions of this article shall not apply to
excavations for building foundations, swimming pools or driveways
related to one single-family residential building not part of a two-lot-or-more
subdivision approval, nor shall it apply to excavations for lines,
septic tanks or sanitary sewer installations.
A.
For the purpose of administering and enforcing this
article, a duly authorized agent of the office of the Township Engineer
shall have the right to enter into and upon any lands in or upon which
soil moving operations are being conducted, to examine and inspect
such lands in order to determine compliance with the requirements
of any soil moving permit issued.
[Amended 8-27-1981 by Ord. No. 21-1981]
B.
In addition to the enforcement provisions of other
sections of this article, the Zoning Enforcement Official or any other
person authorized from time to time by the Township Committee shall
have the right. upon discovery of any violators of this article, to
issue stop orders and remedial directions to force compliance herewith,
which may be further enforceable by appropriate actions in any courts
of competent jurisdiction in the State of New Jersey.