[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
The Mayor and the Council of the Borough of Roseland hereby
find and determine that: the unregulated and uncontrolled removal,
relocation, filling and excavation of soil by the owners of property
within the Borough is likely to result in conditions detrimental to
the public health, safety and general welfare of the citizens of the
Borough; and the unregulated and uncontrolled removal, relocation,
filling and excavation of soil in, upon or from lands within the boundaries
of the Borough will create one or more of the following conditions:
a serious erosion by wind and water; inadequate and improper surface
water drainage or a complete lack of the same; a decrease in or destruction
of the fertility of the soil; the removal of lateral support of abutting
streets, land and premises; the creation of excessive amounts of dust
and the deposit of dust upon adjoining property, particularly buildings,
shrubbery and trees.; the deposit upon the streets of the Borough
of large quantities of mud, dirt or dust; the creation of depressions
which may form mosquito breeding places; the creation of depressions
and pits dangerous to small children; the deterioration of adjoining
property values; the rendering of lands unfit or unsuitable for their
most appropriate uses; and the creation of other conditions hampering
and interfering with the coordinated and harmonious physical development
of the Borough.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
The terms used in this chapter shall be deemed and construed
to have the following meanings:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or development
with the construction of two or more dwelling houses or business or
industrial buildings in any subdivision for the purpose of sale or
occupancy by another person or persons.
Any person engaged in moving, removal or excavation of soil
or topsoil from, in or upon any land in the Borough.
Any land in the Borough in excess of one acre in area.
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.
Any soil movement over 50 cubic yards or any movement of
soil that will impact drainage or cause runoff onto a neighboring
site.
Any soil movement between 15 cubic yards and 50 cubic yards.
To dig, to excavate, to remove, to deposit; to place and
to fill; to grade, regrade, level or otherwise alter or change the
location or contour; to transport; and to supply.
Any person seized in fee simple of any land or having such
other interest or estate therein as will permit the exercise of effective
possession.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
irrespective of 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.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
No owner, developer, excavator or other person shall move, or cause, allow, permit, or suffer to be moved, any soil from, in or upon any land in the Borough, nor shall any owner, developer, excavator or other person cut down, or cause, allow, permit or suffer to be cut down, any bank of soil anywhere in the Borough until a major or minor permit therefor shall have first been obtained. Any such permit issued shall be good for 60 days unless otherwise renewed pursuant to Chapter 20.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
Exceptions. No soil movement permit shall be required for soil movements
below 15 cubic yards. The property owner shall first complete and
execute a soil movement exemption form from the Zoning Officer, who
shall determine whether to grant the exemption or require the submission
of a soil movement permit in the totality of circumstances.
b.Â
No separate soil movement 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 site plan or subdivision
approval has been obtained by the appropriate reviewing authority.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
No soil movement permit shall be required for routine landscaping
and/or placement of soil, topsoil and/or landscaping up to 10% of
the 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 was modified.
b.Â
In those circumstances, not including routine landscaping, where
a property owner intends to place soil, top soil 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 form from the Zoning Officer, who shall determine whether
to grant the exemption or require the submission of a soil movement
permit in the totality of circumstances.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
An application for either a major or minor permit shall be filed
with the Zoning Officer, who shall refer same to the Borough Engineer.
The Zoning Officer shall administer the applications and permits and
act as the liaison between the applicants and the Borough Engineer.
The Borough Engineer may confer with the applicant or the applicant's
professionals during the course of the permit process.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
The procedure for filing an application for the issuance of
a soil permit shall be as follows:
a.Â
On a form to be supplied by the Zoning Officer, the applicant shall
set forth, in triplicate, the following:
1.Â
The identity and address of the applicant.
2.Â
A description of the land in question.
3.Â
The identity and address of the owner of the land.
4.Â
An estimate of the quantity of soil, in cubic yards, to be moved,
broken down into two figures, namely, topsoil and other soil.
5.Â
The amount of all soil to be removed from the Borough (exported)
shall be estimated and stated on the application, if applicable.
6.Â
The amount of soil to be delivered (imported) to the land shall be
estimated and stated on the application, if applicable.
7.Â
The proposed dates of commencement and completion of the work, the completion date in no event to exceed 60 days from the date of approval of the application, except as provided in Chapter 20.
8.Â
An estimate of the type and number of machines and other equipment
to be used in the operation, and what protection will be provided
to keep children and others having no business on the land from gaining
access thereto.
b.Â
Accompanying materials.
1.Â
Minor soil movement applications can be accompanied by a sketch of
sufficient detail to describe the soil movement operation.
2.Â
Accompanying a major soil movement application, there shall be filed
a topographical map, in triplicate, of the land upon which the proposed
soil-moving operations are to be conducted and a reasonable engineering
estimate of all surrounding lands within 200 feet of the perimeter
of land which is the subject matter of the application, prepared and
certified by a licensed professional civil engineer or land surveyor
of the State of New Jersey, on the scale of not less than one inch
to 100 feet, and reference to the United States Coast and Geodetic
Survey data, showing, both as to the land and as to all of the surrounding
land:
(a)Â
The dimensions of the land and the lot and block number of the land
and of each lot surrounding the land and within 200 feet thereof as
shown on the last Tax Assessment Map of the Borough.
(b)Â
The present and proposed grade on a fifty-foot grid layout with contour
lines at one-foot levels.
(c)Â
The existing elevations of all buildings, structures, streets, streams,
bodies of water, watercourses, natural or artificial, and utilities,
if any.
(d)Â
All existing surface or subsurface water drainage conditions and
provisions therefor.
(e)Â
All wooded areas.
(f)Â
The proposed grades at points in § 20-5b2 when the work has been completed, with the same requirements as contained therein.
(g)Â
The quantity, in cubic yards, of the soil involved in the work.
(h)Â
The average depth of topsoil as determined by taking borings in the
approximate center of each 100-foot grid.
(i)Â
The grades of all abutting streets and lands.
(j)Â
Proposed slopes and lateral supports at the limits of the area upon
completion of the proposed work.
(k)Â
The proposed details of entry and egress for surface water drainage
and of any streams, bodies of water, and watercourses, natural or
artificial.
3.Â
The applicant shall furnish a soil erosion and sediment control plan.
Where applicable, the applicant shall obtain soil erosion and sediment
control plan certification from the Hudson-Essex-Passaic Soil Conservation
District (HEPSCD) and provide same to the Zoning Officer and Borough
Engineer for their records. No work associated with this soil movement
permit will commence until such time as soil erosion and sediment
control plan certification is received by the Borough.
4.Â
Prior to or during the course of soil importation, the Borough Engineer
or his designee shall determine if testing of the soil is required
to protect public health and safety. The Borough Engineer will determine
the number of soil samples required to test any soils imported to
the Borough for hazardous substances or contaminants. If testing is
required, the applicant shall provide soil testing results from a
certified soil testing laboratory that the material is classified
as clean fill. The sole expense of soil testing shall be borne by
the applicant. If the results of the testing indicate the presence
of material which is harmful, dangerous, toxic or hazardous to the
public, all soil importation activities shall cease, and the soil
in question shall be removed in accordance with direction by the Borough
Engineer or Zoning Officer.
c.Â
Where, by reason of simplicity of the application, the Borough Engineer determines that all or part of the information set forth in § 20-5b above is not necessary to make an informed determination on the application, the Borough Engineer may waive all or part of the requirements set forth in § 20-5b.
d.Â
In addition to the requirements of § 20-5a and b, the applicant shall furnish other pertinent data as the Borough Engineer may require after he has had an opportunity to examine the proposed project, including the extent (in cubic yards) of topsoil to be removed and whether the topsoil is to be replaced on the site in question or moved to some other place, and, if so, whether inside or outside of the Borough.
e.Â
The applicant shall notify the Department of Public Works or the
Borough Engineer or his designee prior to the start of any work. The
applicant, after a minor or major permit is issued, shall submit tickets
or other substantiating documentation indicating the quantity of soil
deposited on the site until the project is completed.
f.Â
The application shall be submitted with a fee to the order of the
Borough per the following schedule:
|
Volume of Soil to Be Moved
(cubic yards)
|
Filing Fee
|
|---|---|
|
15 to 50 - minor permit
|
$25
|
|
15 to 50 - major permit
|
$25
|
|
50 to 200
|
$50
|
|
200 to 500
|
$75
|
|
500 to 1,000
|
$100
|
|
1,000 to 5,000
|
$125
|
|
5,000 to 10,000
|
$150
|
|
10,000 to 50,000
|
$175
|
1.Â
If the application and fees submitted to the Borough shall include a total amount of soil to be moved in excess of that moved within the time specified on the application, and should a renewal be desired by the applicant in order to complete the original estimates, the fee for the renewal shall be a flat sum of $25 for the renewal, except that the applicant shall pay fees based upon the yardage to be removed in accordance with the provisions of Chapter 20. No renewals without application and fees shall be granted that will extend the original project beyond one year from the date of the commencement of the work.
2.Â
In the event of a refusal to issue a soil permit as hereinafter provided,
all filing/administrative fees are nonrefundable.
g.Â
There shall also be paid to the Borough, in addition to the fees provided in Chapter 20, an engineering escrow fee to cover the costs of inspection and enforcement of the provisions of this chapter based upon the total number of yards to be moved in accordance with the following schedule:
|
Volume of Soil to Be Moved
(cubic yards)
|
Engineering Escrow Fee
|
|---|---|
|
15 to 50 - minor permit
|
$150
|
|
15 to 50 - major permit
|
$600
|
|
50 to 200
|
$600
|
|
200 to 500
|
$750
|
|
500 to 1,000
|
$1,050
|
|
1,000 to 5,000
|
$1,250
|
|
5,000 to 10,000
|
$1,750
|
|
10,000 to 50,000
|
$2,500
|
1.Â
Each additional 10,000 cubic yards over the 50,000 cubic yards will
require an additional $1,000 per every additional 10,000 cubic yards.
2.Â
If, prior to completion of the project for which the major or minor
permit was issued, the engineering escrow account should be depleted,
the applicant shall deposit additional funds in the escrow account
as estimated by the Borough Engineer to bring the project to completion.
h.Â
The Borough may also require the applicant to submit an escrow deposit
up to $5,000 for street cleaning for applications which require extended
periods of soil movement. The street cleaning escrow deposit will
be determined by the Borough Engineer on a case-by-case basis. If,
during the course of construction, the applicant fails to clean streets
following proper notice by the Borough Engineer or Zoning Officer,
the Borough may use funds from the street cleaning escrow account
to accomplish same.
i.Â
In order to ensure conformity to the requirements of this chapter
with reference to, but not limited by, the conditions laid down in
this section, inspections shall be made by the Borough Engineer, or
his designee, of the land in or upon which soil moving operations
are being conducted.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
In considering the application, the Borough Engineer shall take into
consideration the following factors:
1.Â
Soil erosion by water and wind;
2.Â
Surface water drainage;
3.Â
Soil fertility;
4.Â
Lateral support of abutting streets and lands;
5.Â
Public health and safety;
6.Â
Land values and uses; and
7.Â
Any other factors which may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
The Borough Engineer shall grant or refuse to grant the permit
hereinafter provided for within 45 days from the filing of the completed
application with him; and in case of refusal, the applicant may, within
45 days thereafter, appeal the refusal to the Borough Council. The
latter body, after investigation and study of the project, shall afford
the applicant a public hearing at a meeting of the Council called
for that purpose to be held not more than four weeks after the appeal
of the applicant is filed with the Borough Clerk. At least one week's
notice of the meeting shall be given to the applicant. The decision
of the Borough Council on any appeal shall be immediately communicated
to the applicant by letter at the address shown on the application;
and in the event the decision is to reverse the decision of the Borough
Engineer, the latter shall forthwith issue the permit applied for.
The Borough Council may sustain or overrule or modify the Borough
Engineer's decision by a majority vote of the entire body.
[Amended 11-24-2020 by Ord. No. 23-2020; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Upon the completion of the action by the Borough Engineer either to issue or to deny the soil permit and after any appeal as herein provided has been decided, the Borough Engineer or his designee shall be responsible for conducting such inspections provided for under this section. Inspections with reference to Subsection 20-12.1, Transportation of Soil, hereinafter set forth shall be the responsibility of the Borough Engineer or his designee.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
In the event the application for a soil removal permit involves the complete removal of a bank which extends above the elevation of the surrounding lands or above the elevation of a public road or street adjacent to the land upon which such removal project is to take place, the moving or removal shall be conducted so as to leave the final grade of the land or lot from which the bank is to be removed at a grade that will not create a hazardous condition with respect to the surrounding lands or to the public road or street. Wherever practical, the final grade shall not be lower than the grade of the surrounding lands or of such public road or street, and the final grade shall be established and maintained at a minimum of 1/2 of 1% to ensure proper drainage. In establishing final grades, the factors to be considered shall be the same as those listed in § 20-5.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
In the event the application for a soil moving permit involves the
partial cutting down of a bank, the project shall be conducted in
a manner so as to leave the final slope of all sides of the remaining
portion of the bank at slopes that conform to minimum slope standards
as follows:
1.Â
Wet clay and sand: one vertical to two horizontal.
2.Â
Gravel, loam and clay, boulders and earth: 1 vertical to 1Â 1/2
horizontal.
3.Â
Large rock slabs into earth hill: 1 vertical to 1 horizontal.
4.Â
Disintegrated rock: 1 vertical to 1/2 horizontal.
5.Â
Solid rock: 1 vertical to 1/4 horizontal. Under no conditions shall
any such slope be left which is in excess of 1 vertical to 1/4 horizontal.
If slopes are made up of several types of the above, the minimum standards
shall apply to each section in progressively decreasing slopes. Definitions
of soil shall be in conformity with the "Highway Engineering Handbook,"
by Harger and Bonney, for areas of rain and heavy frost.
b.Â
Where earth is moved in order to lower a grade or to alter an existing
slope, the upper crown or brink shall not be closer to any property
line than five feet, and this distance shall be increased at the rate
of one foot for each one foot of vertical height of the slope up to
a maximum required distance of 25 feet from any property line. If,
for any reason, the final grade shall be higher than the level of
the surrounding lands, the same formula shall be used in determining
the distance of the bottom of the slope from the nearest property
line.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Whenever any owner, developer, or excavator shall remove topsoil
in or upon any land in the Borough, provision shall be made for the
storage of the topsoil within the boundary lines of the property.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Except as hereinafter provided, all topsoil so stored shall
be uniformly replaced over the entire area or surface of the land
on or before the completion date set forth in the soil removal permit
so that the final grades of the replaced topsoil shall conform to
the proposed final grade shown on the topographical map.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
No owner, developer or excavator shall remove to any point beyond
the boundary lines of the land in question any topsoil whatsoever,
unless and until topsoil not inferior in quality to that to be removed
shall have first been replaced as originally found or in any case
not less than six inches of compacted topsoil uniformly placed over
the entire surface area of the land excepting only portions thereof
which shall be, or shall have become since the date of the filing
of the topographical map, permanently covered by 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 owner, developer
or excavator remove from the land more topsoil than that comprising
the surplus or excess remaining after the replacement of the topsoil
as aforesaid.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Every soil removal project carried out and authorized under
and pursuant to a permit issued in accordance with the provisions
of this chapter shall be conducted and completed in such a manner
as not to create any condition hazardous to life or limb of any member
of the public who may have access to the property or to the health,
safety or welfare of the Borough. All boulders, tree stumps or other
debris shall be removed from the property, except that boulders may
be buried.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
[Amended 11-24-2020 by Ord. No. 23-2020; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Every person who shall transport over the streets, roads or highways in the Borough any soil removed from any land or premises pursuant to a soil removal permit issued in accordance with the chapter shall daily sweep, pick up and remove, or cause to be swept, picked up and removed, all dust, dirt and mud from the roads, streets or highways and shall apply, or cause to be applied, to the roads, streets or highways a dust preventative wherever the same shall be deemed necessary and that fact communicated to the holder of the permit by the Borough Engineer or his designee. In the event of failure, neglect or refusal of any person so to sweep, pick up and remove dust, dirt and mud or to apply a dust preventative when required by this section, the Borough Engineer or his designee is authorized to suspend any soil removal permit indefinitely or may revoke the same after notification, in writing, to the holder of the permit. In the event of such revocation, no soil removal permit shall again be issued to that person unless application therefor is made as required by § 20-5 of this chapter.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
No excavating or removal operation of or from any land or premises
pursuant to a soil removal permit issued in accordance with this chapter
shall be conducted except as follows:
a.Â
During the hours of 8:00 a.m. to 5:00 p.m., Mondays through Fridays;
Saturdays and Sundays are excluded.
b.Â
When the material being removed is dirt (earth) or a combination
of rock and dirt, each truck shall be covered by a tarpaulin fastened
at all four corners of the truck body in such manner as to prevent
dust, dirt, or stone from leaving the truckload, or each truckload
is to be sufficiently wet down before leaving the site of the earth
removal so as to prevent the spillage of dust, dirt, or stone.
[Amended 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
Every truckload of material leaving the premises shall be properly
trimmed, and in no event shall the peak or highest point of the load
protrude above 12 inches over of the sides of the truck.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
When greater than 100 cubic yards of soil is to be moved, and at
the discretion of the Borough Engineer, no permit shall be issued
unless the applicant posts with the Borough a performance guaranty,
in a form and with the surety acceptable to the Borough, in such amount
of guaranty determined at the rate of $8 per cubic yard of the amount
of soil to be moved, 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. No soil movement
permit shall be issued unless and until the applicant shall have posted
an acceptable performance bond. A cash equivalent sum may be deposited
in lieu of a performance bond.
b.Â
When other performance guaranties are posted for development applications
which include soil movement, no separate performance guaranty is required.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
For the purpose of administering and enforcing the provisions
of this chapter, the Borough Engineer or his designee shall have the
right to enter into and upon any lands in or upon which soil removal
operations are being conducted in order to examine and inspect the
lands and the operations thereon.
[1973 Code; amended 12-17-2019 by Ord. No. 33-2019; 11-24-2020 by Ord. No. 23-2020; 6-15-2021 by Ord. No. 12-2021]
a.Â
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in § 1-5, General Penalty, of the Code of the Borough of Roseland. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
b.Â
Any person, firm or corporation who has been found to violate any
provisions of this chapter shall, in addition to the payment of penalties,
comply with all regulations herein.
c.Â
The Property Maintenance Officer shall enforce this chapter.
