[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 5-15-2001 by Ord. No. 01-08. Amendments noted where
applicable.]
As used herein, 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 one or more dwelling houses or business or industrial
buildings for the purpose of sale to or occupancy by another person
or persons.
Any person who:
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records either
in the office of the Tax Assessor of the Borough or in the office
of the Bergen County Clerk. If two or more parcels of land are shown
as separate parcels upon the maps and records in the office of the
Tax Assessor of the Borough or in the office of the Bergen County
Clerk, but are contiguous and owned by the same person, such parcels
shall, for the purposes of this chapter, be deemed to be one lot.
To dig, excavate, remove, 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 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 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 developer
and no excavator shall move or cause, allow, permit or suffer to be
moved any soil to or from any lot or within the boundaries of any
lot in the Borough unless and until a soil movement permit therefor
shall have first been issued as hereinafter provided.
B.
No owner
of any lot in the Borough shall knowingly cause, allow, permit or
suffer any soil to be moved from or to any lot in the Borough by a
developer or excavator unless the said developer or excavator has
first obtained a soil removal permit therefor as hereinafter provided.
Any soil movement within the boundaries of a lot less than 150
cubic yards, in connection with the construction, alteration, or landscaping
of a dwelling house or use accessory to a dwelling house, shall not
be required to obtain a permit, provided that a sworn statement is
filed with the Secretary of the Planning Board, stating:
A.
The name of the applicant.
B.
The name of the owner of the lot.
C.
The lot and block number of the lot, as shown on the Tax Assessment
Map of the Borough.
D.
The number of cubic yards to be moved.
E.
The purpose for moving the soil.
F.
The place, if any, from which soil is to be moved.
G.
The place, if any, to which soil is to be moved.
H.
The date upon which moving is to commence.
I.
The date upon which moving is to terminate.
The Zoning Officer shall issue permits only after approval by
either the Borough Engineer or the Planning Board.
The procedure for applying for and issuance of a soil removal
permit shall be as follows:
A.
Form of application. On forms prescribed and supplied by the Zoning
Officer, the applicant shall set forth, in duplicate:
(1)
The identity and address of the applicant.
(2)
The description of the lands in question.
(3)
The identity and address of the owner of the lands. If the owner
is a person other than the applicant, the owner shall signify his
consent to the application by signing it along with the applicant.
(4)
The purpose or reason for moving the soil.
(5)
The kind and quantity, in cubic yards, of soil to be moved.
(6)
In case of removal, the place to which the soil is to be removed
and the kind and quantity of soil to be removed.
(7)
The proposed date of completion of the work.
(8)
Such other pertinent data as the Planning Board may, by resolution,
require.
B.
Topographical map. Accompanying the application shall be a topographical
map, prepared and certified by a licensed civil engineer and land
surveyor, in duplicate, showing:
(1)
The dimensions of the lot and the lot and block number of the lot
and each abutting lot.
(2)
The present grades, on a one-hundred-foot grid layout.
(3)
The proposed grades at said points when the work has been completed.
(4)
The quantity, in cubic yards, of soil involved in the work, as computed
from cross sections which shall be shown on the map.
(5)
The grades of all abutting streets and lots.
(6)
Present and proposed surface water drainage and any existing proposed
appurtenances therefor.
(7)
Proposed slopes and lateral supports.
(8)
The location of all trees having a diameter of six inches or more
at the base.
(9)
The route of travel within the Borough for approval by the Police
Department and Engineer.
(10)
An as-built plan prepared by a licensed engineer or land surveyor.
(11)
Such other pertinent data as the Borough Engineer or the Planning
Board may hereafter, by resolution, require.
C.
Permit fee.
(1)
The application shall be submitted to the Zoning Officer or the Secretary of the Planning Board, with a fee
to the order of the Borough in an amount computed at the rate of $0.10
per cubic yard multiplied by the number of cubic yards to be moved,
as stated in the application and certified on the topographical map;
provided, however, that in no event shall such fee be less than $75.
In the event of refusal of the soil removal permit, as hereinafter
provided, all that portion of the fee in excess of $75 shall be refunded
to the applicant upon application therefor.
(2)
An estimated deposit for a fee for the Board Engineer's review
of said application and site observations shall be posted to an escrow
account. All charges made against said account by the Board Engineer
shall be verified by vouchers submitted to both the Borough and applicant
and shall be based upon time expended by the Engineer. Said fee deposit
shall be established in accordance with the schedule below:
|
Lot Size
(cubic yards)
|
Fee Deposit Amount
|
|
150 to 250
|
$300
|
|
251 to 350
|
$500
|
|
Over 350
|
$1,000
|
D.
Review of application; hearing. Within 30 days after receipt of the
application, the Borough Engineer and/or Planning Board shall review
and consider the application and render its report and recommendation
and/or approval to the Zoning Officer and/or the Secretary of the
Planning Board, who shall grant or refuse the permit in accordance
with the recommendation. Notice of the time and place of the Planning
Board's consideration of the application shall be given by registered
mail to the applicant, who shall have the right to present additional
or corroborative evidence.
E.
Permit form and conditions. The soil removal permit shall be in such
form as may be prescribed by the Planning Board and shall contain
any special conditions set forth in the recommendation.
In considering and reviewing the application, the Planning Board
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 and subsurface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Preservation of trees and shrubbery.
H.
Prevention of sharp declivities, pits and depressions.
I.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
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 removal 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 removal permit specifies otherwise, and the performance
bond, hereinafter referred to, makes specific provision 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 minimum 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 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 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.
The said topsoil shall not be 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.
A.
No person shall deposit, cause to be deposited, or create any condition
which, by action of wind or water, causes to be deposited any soil
on any street, sidewalk or other public place of the Borough. The
prohibition in this subsection shall not apply to the Borough or its
authorized agents, employees, contractors, or representatives.
B.
No person shall drive a truck or other vehicle carrying soil unless
such truck or other vehicle is so constructed or loaded as to prevent
any soil from being blown or otherwise deposited upon any street,
sidewalk or other public place or upon private property.
No soil removal permit shall be issued unless the applicant
therefor shall have posted with the Secretary of the Planning Board
a performance bond to the Borough as obligee, in form and with the
surety acceptable to the Borough, in such amount as the Planning Board
Engineer shall determine, and 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 chapter
and of the soil removal permit issued pursuant hereto. Residential
application is not required under 250 cubic yards.
A.
The Borough Engineer shall make an inspection of the site on which
soil is to be moved and shall make such engineering studies as may
be required to determine the effect of the movement of soil at the
location as it relates to:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
B.
The Borough 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 elevation points designated
on the topographical map pursuant to the provisions of this chapter.
C.
In the
event of refusal of the soil permit, as herein provided, the fee paid
by the applicant shall be refunded, except that all monies and costs
incurred by the Borough of Westwood for engineering surveys and reports,
inspection fees and legal fees shall be retained by the Borough, and
the balance remaining shall be refunded to the applicant, together
with a statement of the costs and expenses incurred by the Borough
of Westwood in the processing of the soil application.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both, for
the first offense and, for subsequent offenses, a fine not exceeding
$2,000, imprisonment for up to 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
