[1972 Code § 19-1]
The Council hereby finds that the uncontrolled and unregulated
excavation, filing and removal of soil has resulted and will result
in conditions detrimental to the public safety, health and general
welfare, deterring substantially the effort of the municipality to
promote and effectuate the general purpose of municipal planning.
[1972 Code § 19-2]
For the purpose of this chapter:
shall mean 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 (2) or more dwelling houses,
business or industrial buildings, in any subdivision, for the purpose
of sale to or occupancy by another person or persons.
shall mean any person who within any period of twelve (12)
consecutive months, shall move soil in or upon more than ten thousand
(10,000) square feet of land area.
shall mean any parcel of land or portion thereof, the boundary
lines of which can be ascertained by references to the maps and records,
either in the office of the Tax Assessor of the municipality or in
the office of the Passaic County Register.
shall mean to dig; to excavate; to remove; to deposit; to
place; to fill; to grade; to regrade; level or otherwise alter or
change the location or contour; to transport; to supply. This term
shall not be construed to include plowing, spading, cultivation, harrowing
or discing of soil, or in any other operation usually and ordinarily
associated with the tilling of soil for agricultural or horticultural
purposes.
shall mean any person who owns, in fee simple, any lot, or
having other interest or estate therein as will permit exercise of
effective possession thereof or dominion thereover.
shall mean any change or alteration in the grade of any property.
shall mean earth, sand, clay, loam, gravel, humus, rock or
dirt, without regard to the presence or absence of organic matter.
shall mean soil that, in its natural state, constitutes the
top layer of earth and is composed of two (2%) percent or more, by
weight of organic matter and has the ability to support vegetation.
[1972 Code § 19-3.1]
No owner, developer or excavator shall excavate any soil or
change or alter the grade of any property within the municipality
without having first obtained a permit from the Mayor and Council.
This section shall not apply to the excavation of soil for use on
the premises from which it is taken, provided that this does not involve
any substantial change in the topography of the premises; or the excavation
of soil in connection with the construction or alteration of the basement
or foundation of a building.
[1972 Code § 19-3.2]
Applications in duplicate shall be submitted to the Mayor and
Council with an inspection fee made payable to the municipality in
the amount of two hundred fifty ($250.00) dollars which fee shall
not be refundable in the event of a refusal of the soil permit as
hereinafter provided. The application shall also be accompanied in
duplicate by the following:
a.
A map of the premises showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil.
b.
The grades resulting from the intended removal or redistribution
of soil in relation to the topography of the premises. This information
may be included in the map required by the preceding paragraph.
c.
The proposed dates for the commencement and completion of the work.
d.
Name and address of the owner of the land.
e.
Lot and block numbers of the lands as shown on the current tax map
of the municipality.
f.
Reason for removing the soil.
g.
Type and quantity of soil to be removed.
h.
Location to which soil is to be removed.
i.
Any other pertinent data as the Director of Public Works may deem
necessary.
[1972 Code § 19-4]
Accompanying the application shall be two (2) copies of a topographical
map prepared and certified by a licensed civil engineer and land surveyor,
in duplicate, showing:
The present grades on a one hundred (100) foot grid layout.
The proposed grades at the points when the work has been completed.
The quantity, in cubic yards, of soil involved in the work.
The grades of all abutting streets and lots.
Proposed slopes and lateral supports.
Present and proposed surface water drainage.
Such other pertinent data as the Board of Public Works may require.
[1972 Code § 19-5.1]
Upon receipt of the application and supporting items including
the topographical map, the Mayor and Council shall cause to be immediately
referred to the Planning Board a copy for the Planning Board's
prompt review and report and recommendations to the Mayor and Council.
Pursuant to statute, the Planning Board's recommendations shall
not be binding upon the Mayor and Council.
[1972 Code § 19-5.2]
In considering the application, the Mayor and Council and the
Planning Board shall be guided by the following factors:
Soil erosion by water and wind.
Drainage.
Soil fertility.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Any other factor which is relevant to the coordinated, adjusted
and harmonious development of the municipality.
If, after considering the above factors and weighing the report
of the Planning Board, the Mayor and Council by majority vote determine
that the proposed removal or redistribution of soil will not be detrimental
to the health, safety or welfare of the municipality or its inhabitants,
they shall issue the necessary permit. Otherwise, they shall deny
the application and shall notify the applicant. Notice of the grant
or denial of the application shall be given to the applicant within
thirty (30) days after the application is filed.
[1972 Code § 19-6]
If the application is denied, the applicant may appeal the decision
of the Mayor and Council by filing a notice in writing to that effect
with the Clerk within thirty (30) days after receiving notice of the
decision. The Mayor and Council shall set a time and place for a public
hearing and shall so notify the applicant. The Mayor and Council may
overrule their decision by a three-fourths (3/4) vote of the entire
membership of the Council and the vote of the Mayor. The decision
thereafter rendered after such public hearing shall be final.
[1972 Code § 19-7]
Prior to the commencement of operations, a permit fee shall
be paid to the municipality calculated in accordance with the following
schedule:
Up to and including five hundred (500) cubic yards of soil to
be removed, the fee shall be five ($5.00) dollars.
Above five hundred cubic yards of soil to be removed, the fee
shall be five hundred ($500.00) dollars plus the sum of five thousand
($5,000.00) dollars up to and including one hundred twenty-five thousand
(125,000) cubic yards, which sum shall be paid quarterly in advance.
For all excavation in excess of one hundred twenty-five thousand
(125,000) cubic yards, in addition to the above sums, the fees shall
be paid per cubic yard over one hundred twenty-five thousand (125,000)
cubic yards, pursuant to the following:
A sum computed at the rate of five ($.05) units per cubic yard,
multiplied by the number of cubic yards to be moved in excess of one
hundred twenty-five (125,000) thousand cubic yards.
[1972 Code § 19-8]
The removal of lawn sod shall be permitted on the condition
that the owner or lessee of the land from which the lawn sod is removed,
shall, within two (2) months, replace any soil which has been removed
with the sod.
[1972 Code § 19-9]
Before the permit is issued the applicant shall file with the
Engineer a bond executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety.
The amount of the bond shall be determined by the Director of Public
Works, but in no event shall be less than one thousand ($1,000.00)
dollars and shall be conditioned as follows:
That the permittee will complete the work authorized by the
permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the
application.
That the applicant will repair any public street, structure
or land which may be damaged as a result of the work authorized by
the permit.
[1972 Code § 19-10]
Soil removal or redistribution conducted under a permit issued
under this chapter shall be in accordance with the following regulations:
All soil removal operations shall be conducted only during the
hours of 7:00 a.m. to 5:00 p.m. on weekdays, and from 7:00 a.m. to
12:00 noon on Saturdays, with the exception of drilling and blasting
which shall be conducted only during the hours of 8:00 a.m. to 5:00
p.m. on weekdays.
It shall be unlawful to conduct moving, grading or excavating
operations at any other time or times than specified herein or on
any Sunday or any of the following legal holidays:
January 1st;
Lincoln's Birthday;
Washington's Birthday;
Good Friday;
Memorial Day;
Independence Day;
Labor Day;
Columbus Day;
General Election Day;
Veteran's Day;
Thanksgiving;
Christmas.
At the request of the permittee, made to the Planning Board
of the municipality, permission may be given for work on Sunday or
on the above holidays when the nature of the terrain or grade is potentially
hazardous and work is necessary to relieve the hazard.
To prevent air pollution, nuisance, dust, dirt or other contaminant
within or on the premises of any residence, dwelling, building or
porch, patio, terrace, swimming pool or other recreational facility
of any property within the municipality, place of business, research
or processing facility, public building or their equipment, all reasonable
means shall be employed by the permittee or the person in charge of
the soil removal, grading or excavation or grading or excavating operation,
which regulations shall at a minimum be all of the means within the
State regulations for control of such dust and pollution as shall
be applicable.
Operations shall be conducted so that there shall be no sharp
declivities, pits or depressions.
Lands shall be graded so as to conform to the approved contour
lines and grades and shall be cleared of debris.
The top layer of soil to a depth of six (6) inches shall not
be removed from the premises, but shall be set aside and respread
over the premises when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing
of soil upon surrounding lands, streets or municipal facilities.
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 (6) inches,
measured from the proposed final grades as shown on the topographical
map, over the entire surface or area of the lot, excepting only 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
as above mentioned.
No developer or excavator shall, at any time in the course of
the work, dig or excavate more than six (6) inches below the proposed
final grades as shown on the topographical map unless: The soil 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 permit, of soil of sufficient quantity
and kind to restore the final grades to those shown on the topographical
map; or after issuance of the soil permit, the developer or excavator,
before digging or excavating below the minimum level, shall apply
to the Department of Public Works and be granted an amendment of the
application and topographical map then in effect, which amendment
may be granted upon such terms as the Director of Public Works may
deem necessary to assure adherence to the purposes 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 provisions for:
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 and 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 this 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 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, to a depth
of not less than six (6) inches, measured from the proposed final
grades as shown on the topographical map.
[1972 Code § 19-11]
Nothing in this chapter shall be construed so as to prevent
the municipality from taking injunctive proceedings to restrain removal
of top soil as described in this chapter.
[1972 Code § 19-12.1]
On or before the tenth day of each month there shall be filed
with the Municipal Engineer a certification by a professional engineer
as to the volume of soil removed during the previous month. The violation
of this provision shall automatically revoked the permit.
[1972 Code § 19-12.2]
No permit shall extend for a longer period than five (5) years.
Any work not completed in accordance with the permit in accordance
with the time limit set in the permit shall not be completed unless
and until a new permit is applied for and issued in accordance with
the terms of this chapter.
