[Ord. No. 2014:07]
The Borough Mayor and Council do hereby find and declare that:
a. Unregulated and uncontrolled disturbance, relocation, filling, excavation
and removal of soil on a large scale by developers and excavators
in and upon lands in the Borough has resulted in conditions detrimental
to the public health, safety and general welfare, substantially hampering
and deterring the efforts of the Borough to effectuate the general
purpose of municipal planning.
b. Continuation of the unregulated and uncontrolled disturbance, 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;
a decrease in or destruction of the fertility of the soil; removal
of lateral support of abutting streets, lands and premises; creation
of dust storms and places for mosquito breeding; creation of dangerous
depressions or pits; deterioration of property values; rendering of
lands unfit or unsuitable for their most appropriate use; and creation
of other factors and elements hampering and deterring the coordinated,
adjusted and harmonious development of the Borough.
[Ord. No. 2014:07]
As used in this chapter, the following terms shall have the
meanings indicated:
DISTURBANCE
Shall mean the cutting of trees, movement of soil, including
plowing, spading, cultivating, harrowing or disking of soil, landscaping
and gardening.
EXCAVATOR
Shall mean any person who moves soil.
LOT
Shall mean any parcel of land or portion thereof, the boundary
lines of which can be ascertained by reference to the maps or records
in the office of the Borough Tax Assessor or in the office of the
Bergen County Clerk.
MAJOR SOIL-MOVING PERMIT
Shall mean a permit for the moving of more than 200 cubic
yards of soil on any lot within any 12 consecutive months, as required
by this chapter.
MINOR SOIL-MOVING PERMIT
Shall mean a permit for the moving of less than 200 cubic
yards of soil or the disturbance of greater than 2,000 square feet
of a lot within any 12 consecutive months, as required by this chapter.
MOVE
Shall mean to dig, excavate, remove, deposit, place, fill,
grade, re-grade, level or otherwise alter or change the location or
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 that
it does not substantially alter existing drainage patterns. For the
purpose of calculating the quantity of soil being moved, the total
soil movement shall be the sum of the total excavated soil and the
soil imported to the lot.
OWNER
Shall mean 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.
SOIL
Shall mean 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.
TOPSOIL
Shall mean 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.
[Ord. No. 2014:07]
No person or excavator shall move any soil, or change or alter
the grade of any property, within the Borough without first obtaining
a soil moving permit as hereinafter provided. No construction permit
nor certificate of occupancy shall be issued, as the case may be,
until a soil moving permit has been issued.
[Ord. No. 2014:07]
The provisions of this chapter shall not apply to the following
operations:
a. The moving of 25 cubic yards or less of soil on any lot within a
12 month period.
b. The moving of soil in connection with the construction or alteration
of the basement or foundation of a building for which a proper building
permit has been issued by the Construction Official of the Borough.
c. The moving of soil for the installation of underground utility lines,
provided that all necessary permits have been issued.
d. The moving of soil for farming and gardening by home owners, provided
it does not substantially alter the drainage patterns of the lot.
[Ord. No. 2014:07]
No soil-movement permit shall be issued to any person other
than the owner of the lot, and only if the moving of soil from, in
or upon the lot is necessary for the immediate development of the
property and the normal grading of the lot concerning which the application
is made. No permit shall be issued for longer than one year.
[Ord. No. 2014:07]
Anyone engaged in the movement of soil of two hundred (200)
cubic yards or less of soil or the disturbance of greater than 2,000
square feet of a lot within any 12 consecutive months, shall make
application to the Zoning Officer for a permit prior to commencing
operations. The Zoning Officer, upon receipt of a complete application,
shall refer the application to the Borough Engineer who shall make
a field investigation and shall recommend the issuance of the permit
or recommend denial of the permit, giving his reasons for the denial.
[Ord. No. 2014:07]
Any soil-moving permit classified by the Zoning Officer as a
major soil moving application and referred to the Planning Board.
A major soil-moving permit shall be required to be approved by the
Planning Board after a public hearing, with notice being required
to be given to all persons as set forth in N.J.S.A. 40:55D-12. The
Planning Board shall fix a date for the public hearing within 45 days
after the receipt of the complete application as determined by the
Borough Engineer. The issuance of the major soil-moving permit shall
be made by the Planning Board.
[Ord. No. 2014:07]
The procedure for applying for and issuance of a soil-moving
permit shall be as follows:
a. Applications for minor soil-moving permits shall be filed with the
Zoning Officer and shall be accompanied by the fee prescribed in this
chapter. Applications shall be made in triplicate on forms prescribed
by the Borough.
b. Applications for major soil-moving permits shall be filed with the
Zoning Officer and shall be accompanied by the fee prescribed in this
chapter. Applications shall be made in triplicate on forms prescribed
by the Borough for determination of completeness. Upon determination
by the Borough Engineer that a complete application has been submitted,
the applicant shall submit 15 copies to the Planning Board for scheduling
of a public hearing date.
c. Form of Application.
1. The names and address of the applicant.
2. The names and address of the owner of the property.
3. The relationship between the applicant and owners.
4. Name and address of the person having express charge, supervision
and control of the proposed soil moving operation.
5. The lot, block number and street address of the lot or lots involved.
6. The purpose or reason for the moving of soil.
7. The estimated quantity, in cubic yards, and type of soil to be moved
with supporting calculations.
8. A statement as to how the moving of the soil will affect all trees
with a diameter of four (4") inches or more.
9. The proposed date of commencement and completion of the work.
10. A description of equipment to be used in the soil movement operations.
11. A list of the number and size of trucks and other vehicles.
12. A listing of the route to be used by the vehicles in the moving and
installing of the soil.
13. The source, address and town, of the soil moved to the lot. A certification
from a certified laboratory as to the soil suitability or the certification
from an environmental consultant based upon the historical survey
of the source site of the soil suitability.
14. Proof of liability insurance in such an amount and form as the Planning
Board may require.
15. Method of abating noise and dust in the soil moving operation.
16. A statement granting permission to the Borough officials or their
employees to enter the premises and make surveys and inspections as
the work progresses.
17. Such other pertinent data as the Planning Board may hereinafter reasonably
require.
d. Topographical Map. Accompanying the application shall be a topographical
map prepared by a licensed professional engineer and a licensed professional
land surveyor. The map shall be prepared at a scale not to exceed
thirty (30') feet to the inch. The topographical map shall include
the following:
1. Boundary limits of the entire lot, including metes and bounds information.
2. Limits of the area to be disturbed or graded for which the permit
is sought.
3. The present grades at two (2')-foot intervals of the area to
be disturbed or graded and the area twenty-five (25') feet outside
the limits of the area to be disturbed or graded.
4. The proposed grades at two (2')-foot intervals of the area to
be disturbed or graded and the area twenty-five (25') feet outside
the limits of the area to be disturbed or graded, using a designation
different than those used for the present grades.
5. The present grades at two (2')-foot intervals of all adjacent
properties to a distance of at least fifteen (15') feet from
the lot in question, including the location of any structures within
such fifteen (15') feet if the area to be disturbed or graded
is within twenty-five (25') feet of the property line.
6. The location and size of proposed structures, with first floor and
basement elevations of all proposed buildings.
7. All elevations shall be computed based on United States Coast and
Geodetic Survey datum.
8. Location of all trees greater than four (4") inches in diameter.
9. The quantity of soil for which the soil-moving permit is sought,
together with the calculations used to arrive at such determination
of quantity. The quantity shall be calculated by accepted earthmoving
computations, such as the average end area method. The quantity of
soil to be moved shall be certified as accurate by a licensed professional
engineer.
10. Details of retaining walls and other structures proposed for support
of soil, together with elevations of proposed grade above and below
any retaining wall and at the top of the wall. All retaining walls
must be designed, construction supervised and certified by a licensed
professional engineer.
11. The plan must clearly delineate soil erosion and sediment control
measures and construction techniques that are to be implemented to
minimize the loss of soil due to erosion.
12. The plan must provide construction details for the soil erosion and
sediment control measures and construction techniques that are to
be implemented to minimize the loss of soil due to erosion.
13. A notation as to the method of restoration of disturbed areas. The
method of permanently stabilizing all disturbed areas.
14. All easements and restrictions of record which may affect the subject
lot or lots.
15. Existing surface and subsurface drainage conditions and patterns
of the lot and surrounding area.
16. The presence, absence or location of freshwater wetlands on the lot
or within fifty (50') feet of the area to be disturbed.
17. Location of any water body, on the lot or within fifty (50')
feet of the area to be disturbed.
[Ord. No. 2014:07]
An application for a soil-moving permit shall be reviewed and
considered in the following manner:
a. Minor Soil-Moving Permit; Issuance. Within 30 days of the receipt
of a completed application, the Borough Construction Official shall
render a determination based upon the recommendation of the Borough
Engineer.
b. Major Soil-Moving Permit; Issuance. The Planning Board shall review
and render a determination within 95 days after the submission of
a completed application.
[Ord. No. 2014:07]
In the event any person is aggrieved by the action of the Planning
Board, such person, the applicant may, not later than 30 days after
such action, appeal to the Borough Council. The Borough Council may,
by majority vote, sustain, or by 2/3 vote of its entire membership,
overrule the Planning Board's recommendation.
Any proper party may appeal to a court of appropriate jurisdiction
pursuant to applicable law.
[Ord. No. 2014:07]
In considering and reviewing applications for minor and major
soil-moving permits, the Borough Planning Board and Borough Engineer
shall be guided by the general purposes of municipal planning and
the following standards:
a. Soil erosion by water and wind.
b. No soil moving shall be permitted to result in any increase of velocity
or change in direction of surface water runoff without such water
being appropriately managed on site so as to not adversely affect
other properties.
c. Soil fertility and soil-bearing capacity.
d. Lateral support of abutting streets and lands.
e. Public health and safety.
g. The general welfare of the municipality and of the citizens of the
Borough of New Milford.
h. The unsightliness of the premises after soil movement.
i. The effect of flooding upon the premises in question or surrounding
properties.
j. No soil moving permit shall be issued unless the applicant demonstrates,
upon a preponderance of the evidence, that the granting of the soil-moving
permit would not have any substantial detrimental impact upon any
person, surrounding property or the Borough.
k. In development of land, natural grades should be preserved wherever
possible, and soil moving shall only be permitted when good and sufficient
reason appears for such soil moving.
l. No soil moving shall be permitted which shall result in the removal
or destruction of trees in violation of the standards established
under the Tree Removal Ordinance of the Borough. In all respects,
the applicant shall provide a method for protection of trees acceptable
to the Borough, provide welling or mounding where appropriate.
m. All proposed structures shall be situated on the lot so as to require
the least amount of soil moving as is practical.
n. Whether the proposed removal of soil constitutes a commercial activity.
o. No slope created by soil moving shall be permitted to exceed a grade
which rises or falls one (1') foot vertically for every four
(4') feet horizontally.
p. Such other factors as may bear upon or relate to the coordinated,
adjusted harmonious physical development of the Borough.
q. Proposed soil and sedimentation control plan.
[Ord. No. 2014:07]
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 the New Milford Zoning Ordinance,
as amended and supplemented; or any endeavor or enterprise other than
the grading or re-grading of said premises in accordance with the
provisions of said permit, and, where applicable, the necessary disposal
of soil incidental to said grading or re-grading.
b. Conduct or maintain any soil-moving operations without having first
made adequate provisions by means of water, calcium chloride, or otherwise,
for the prevention of dust incidental to the use of vehicles, machinery
and equipment on the lands described in the soil-moving 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.
[Ord. No. 2014:07]
Soil-moving conducted in the Borough shall be preformed in accordance
with the following regulations:
a. In all operations for which a permit is required:
1. Prior to the start of soil-movement operations, the disturbance of
a lot, or construction, the following must be performed.
(a)
The limits of disturbance must be delineated with construction
fencing.
(b)
Sediment barriers must be installed and maintained throughout
the entire length of the project.
(c)
Tree protection measures must be installed.
2. Lands shall be graded to conform to the approved contour lines and
grades.
3. Streets, roads and paved surfaces shall be cleaned, at the applicant's
expense, on a daily basis of sediments and debris.
4. 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 moved.
b. In all operations, whether or not a permit is required:
1. Prior to the start of soil-movement operations, the disturbance of
a lot, or construction, the following must be performed:
(a)
Sediment barriers must be installed and maintained throughout
the entire length of the project.
(b)
Tree protection measures must be installed and approved by the
Director of Public Works.
2. All boulders, tree stumps and other debris shall be removed from
the property.
3. In dry weather the person conducting such operation shall dampen
the ground where operations are conducted to prevent dust.
4. No trucks used shall be loaded above the level of the sides of the
truck, to prevent spillage, and all streets shall be cleaned, at the
applicant's expense, each day, of any spillage or soil on such
streets resulting from truck operations.
5. All truckloads shall be covered with tarpaulin and, if necessary,
treated by water or chemical to prevent flying dust.
6. All vehicles engaged in such operations shall use as routes only
those Borough streets which have been approved by the Planning Board.
7. The entire area covered by the work shall be maintained and left
in such manner as not to create or maintain a nuisance or condition
hazardous to life and limb or to the health or general welfare of
the inhabitants or the Borough of New Milford.
8. All excavation, removal and other mandatory groundcover work, including
restoration of property to final grades and subsequent seeding, must
be completed within one year from the date of the permit.
9. No more soil shall be removed than is reasonably necessary for the
development and use of the land.
10. No soil removal shall be allowed which shall cause drainage to adjacent
property or prejudicially affect the values of adjacent properties.
11. The owner or person in charge of soil removal/deposit shall conduct
the operations to minimize, to the extent practicable, soil transport
from water runoff, creation of dust or other airborne contamination.
[Ord. No. 2014:07]
For the purpose of administering and enforcing this chapter,
any member of the Planning Board, duly authorized agent of the office
of the Borough Engineer and Zoning Officer's office of the Borough
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. The Zoning Officer is hereby authorized to issue stop
work orders and summonses for any violation of this chapter as determined
by the Zoning Officer or the Borough Engineer.