[Editor's Note: Prior ordinance history includes
Chapter 74 of the 1973 Code.]
[Ord. No. 2011-5]
The purpose of this chapter shall be to prevent the unregulated
and uncontrolled relocation, filling, excavation, importation, and
removal of soil by any person which may result in conditions detrimental
to the public safety, health and general welfare, substantially hampering
and deterring the efforts of the Borough to effectuate the general
purpose of municipal planning. The continuation of the unregulated
and uncontrolled relocation, filling, excavation, importation, and
removal of soil and filling with unsuitable material may cause serious
and irreparable damage to the public welfare by reason of: consequent
soil erosion by water and wind; inadequate and improper surface water
drainage; decrease in or destruction of the fertility of soil; removal
of lateral support of abutting streets, lands and premises; creation
of dust storms and mosquito breeding places; creation of dangerous
depressions or pits; deterioration of property values; rendering of
lands unfit or unsuitable to their most appropriate uses; creation
of unsatisfactory drainage or grate deterioration conditions; creation
of such unacceptable conditions on any other property; and creation
of other factors and elements hampering and deterring the coordinated,
adjusted and harmonious physical development of the Borough.
[Ord. No. 2011-5]
Shall mean 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 Borough or in
the office of the Bergen County Clerk. For the purposes of this chapter,
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 Borough or in the office of the Bergen County Clerk.
Shall mean any soil permit other than a minor soil movement
permit as herein defined.
Shall mean a permit for the movement of soil between fifty
(50) cubic yards and one hundred (100) cubic yards in any twelve (12)
month period. The twelve (12) month period shall begin at the time
of the first soil movement activity. Further, a waiver without Borough
application and/or notification shall be provided for the movement
of any amount of soil less than fifty (50) cubic yards in any twelve
(12) month period; provided, however that in the event topsoil is
being brought to the site, that such soil is clean and being furnished
by an individual or company that regularly deals in the provision
of topsoil; further provided that in the event that less than fifty
(50) cubic yards in any twelve (12) month period will be disturbed
in the building or demolition of any structure, and that the Construction
Official determines that such disturbance shall not create drainage
or grade deterioration, then the Construction Official may waive such
permit compliance.
Shall mean to dig, excavate, import, remove, deposit, place,
fill, grade, regrade, level, transport or otherwise alter or change
the location or contours. This term shall not be construed to include
plowing, spading, cultivating, harrowing 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 that it does not substantially alter
existing drainage patterns or create grade deterioration.
Shall mean any person owning any lot or having such other
interest therein as will permit exercise of effective possession thereof.
This shall include contract purchasers of the subject lots.
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or matter, including any synthetic substance used as a substitute
for or in conjunction with soil.
Shall mean that the Borough Engineer and/or Construction
Official 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 or
such similar substances.
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.
Shall mean that the Borough Engineer and/or Construction
Official shall determine whether the fill is suitable or unsuitable
to the particular location. The unsuitable materials are materials
such as peat moss, organic material vegetation, leaves, tree stumps,
wood chips, sawdust, chemical waste, tires, wooden logs, or such similar
substances.
[Ord. No. 2011-5]
a.
No person shall move, cause, allow or permit to be moved any soil in or upon any lot in the Borough unless and until application has been made for a soil movement permit and the permit has been issued in accordance with the provisions of this chapter. See definition of Minor Soil Movement Permit and Major Soil Movement Permit in Section 33-2 of this chapter.
b.
Should the property owner and/or applicant disagree with any determinations
by the Construction Official and/or Borough Engineer, the property
owner and/or applicant shall have the right to appeal to the Borough
Planning Board for a formal determination.
c.
It shall be the owner's and applicant's responsibility
to ensure that the soil utilized for any soil movement does not exceed
NJDEP maximum limits for any soil constituents/contaminants.
[Ord. No. 2011-5]
The procedure for applying for and issuance of a minor soil
movement permit shall be as follows:
a.
Applications for minor soil movement permits shall be filed with
the Municipal Clerk. The application shall be a written notification
and shall be forwarded, upon receipt by the Municipal Clerk, to the
Construction Official for his review and approval. The application
shall show the following:
1.
The name and address of the applicant.
2.
The lot and block numbers of the subject property, including a street
address.
3.
The name and address of the owner of the subject property.
4.
The purpose or reason for the movement of the soil.
5.
The estimated quantity in cubic yards of soil to be moved.
6.
A statement as to how the movement of the soil will affect all trees
with a diameter of six (6) inches or more.
7.
An impact statement regarding the effects that the proposed movement
of soil will have on drainage and erosion on both the subject property
or any other property.
b.
The Construction Official, upon receipt of the application, shall
make a field investigation and shall issue the permit or deny it,
giving his reasons for such denial in writing. The Construction Official
shall provide a copy to the applicant and shall retain a copy on file.
The Construction Official shall classify any minor soil movement application
as a major soil application if he determines that the application
poses a substantial drainage or soil erosion problem or adversely
affects the development of the abutting lot or lots. Such a determination
will trigger compliance by the applicant with all provisions governing
major soil movement permits.
c.
In addition to the foregoing, the Construction Official may, in his
discretion, require other data pertinent to the application.
[Ord. No. 2011-5]
A major soil movement permit shall be required to be approved
by the Planning Board. The procedure for applying for and issuance
of a major soil movement permit shall be as follows:
a.
On forms prescribed and supplied by the Planning Board, the applicant
shall set forth the necessary number of copies to the Planning Board,
with a copy to the Brought Engineer and Construction Department. The
application shall contain the following information:
1.
The name and address of the applicant.
2.
The lot and block numbers of the subject property, including a street
address.
3.
The name and address of the owner of the subject property.
4.
The purpose or reason for the movement of the soil.
5.
A detailed statement of the method or process to be employed for
the proposed soil movement.
6.
The proposed hours and time periods encompassing the soil movement.
7.
The type and quantity in cubic yards of the soil to be moved.
8.
In the case of removal or replacement of soil, the place to which
the soil is to be removed, the quantity of soil to be removed or filled
within and the proposed transportation route to be used within the
Borough.
9.
A signed affidavit by the applicant that he has placed or caused
to be placed stakes at each corner of the subject premises, and that
he has placed or caused to be placed grade stakes at the existing
elevation points designated on the required topographical map clearly
marked to indicate proposed soil cuts or fill.
10.
A statement as to how the moving of the soil will affect all trees
with a diameter of six (6) inches or more.
b.
Signatures. Said application shall bear the signatures of the applicant
and the owner of the subject property indicating the owner's
consent to the proposed soil movement.
c.
Topographical Map. Accompanying the application shall be the necessary
number of 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 one hundred (100) feet of the perimeter of said lot,
but not beyond the far side of an abutting street right-of-way, prepared
and certified by a licensed professional engineer or land surveyor
of the State of New Jersey. The map shall be prepared on a scale of
not less than one (1) inch to one hundred (100) feet, shall refer
to United States Coast and Geodetic Survey data and shall show:
1.
The dimensions of the lot, including distance and bearings, lot and
block number of the lot and each lot in the surrounding lands within
one hundred (100) feet.
2.
The existing elevations of all lands on a one hundred (100) foot
grid layout.
3.
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
4.
All existing surface and subsurface water drainage conditions.
5.
All wooded areas with specific reference being made to all trees
having a diameter of six (6) inches or more at the base.
6.
The limits of the area or areas within the lot in question within
which the soil movement operations are to be conducted, and the existing
elevations of said limits at intervals of not more than one hundred
(100) feet.
7.
The proposed final elevations at each point where existing elevations
are to be altered.
8.
Proposed slopes and lateral supports at the limits of the soil movement
area.
9.
Proposed provisions and facilities for surface water drainage and,
where applicable, channels of any streams, bodies of water and watercourses,
natural or artificial, including detailed cross sections showing proposed
channel widths, bank slopes, grade and method of erosion control.
[Ord. No. 2011-5]
For the purposes of administering and enforcing this chapter,
any member of the Planning Board or its duly authorized agent of the
office of the Borough Engineer and Construction Department of the
Borough shall have the right to enter into and upon any lands in or
upon which soil movement operations are being conducted to examine
and inspect such lands.
[Ord. No. 2011-5]
a.
Approval of a removal permit shall not be given until the applicant
has submitted proof that there are no taxes or assessments for local
improvements due or delinquent on any property involved in the soil
movement operation.
b.
No permit shall issue until the applicant posts with the Borough
a performance bond in form and with surety acceptable to the Borough,
in such amount as the Planning Board shall determine to be sufficient
to ensure the faithful performance of the work to be undertaken pursuant
to the soil movement application. Failure to post said bond shall
result in a rescission of any conditional or unconditional action
of approval by the Planning Board.
c.
In the event that a modification or amendment is sought to an approved
soil movement permit, for which a performance bond has been posted,
the applicant shall first submit written consent of the surety on
said bond to the Planning Board. Said consent shall evidence the surety's
approval of the proposed modification or amendments.
d.
An application for release of a performance bond shall be accompanied
by an affidavit stating that the soil movement 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 adopted by the Planning Board.
[Ord. No. 2011-5]
All fees shall be tendered to the Borough and forwarded to the
attention of the Municipal Clerk.
a.
Application fee.
1.
Minor soil movement waiver fee, less than 50 cubic yards: $0.
2.
Minor soil movement application fee, 50 cubic yards to 100 cubic
yards: $0.
3.
Major soil movement application fee, over 100 cubic yards to 1,000
cubic yards: $100.00.
4.
Major soil movement application fee, over 1,000 cubic yards: $250.00.
5.
The application fee will be nonrefundable, whether a permit is issued,
denied or withdrawn.
b.
Professional escrow fees.
1.
Minor soil movement waiver escrow fee: $0.
2.
Minor soil movement escrow fee: $0.
3.
Major soil movement initial escrow fee without drainage review: $500.00.
4.
Major soil movement drainage initial escrow fee: $500.00.
(a)
Whenever a major soil movement application is made within the Borough
of Rockleigh, and the Construction Official determines that the grade
and drainage are in apparent need of review by the Borough Engineer,
then such application shall include an initial sum of $500.00 to be
held in escrow for engineering review of the proposed major soil movement
drainage.
[Ord. No. 2011-5]
Any person convicted of violating any provision of this chapter
shall, upon such conviction, be liable for a fine not exceeding two
thousand ($2,000.00) dollars or imprisonment in the County Jail for
a term not to exceed ninety (90) days, or a period of community service
not exceeding ninety (90) days, or both, and the amount of such fine
and imprisonment/community service shall be in the discretion of the
Municipal Judge. Each day that a violation shall continue shall constitute
a separate offense.
