[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills by Ord. No. 91:63. Amendments noted where applicable.]
A.
The unregulated and uncontrolled relocation, filling,
excavation and moving of soil and/or fill has resulted and can result in conditions
detrimental to the public safety, health and general welfare, substantially
hampering and deterring the efforts of the Township of Parsippany-Troy Hills
to effectuate the general purpose of municipal planning, and must be controlled.
B.
The unregulated and uncontrolled relocation, filling,
excavation and moving of soil and/or fill 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; increased flooding
and flood damage both within and without the Township; the decrease in or
destruction of the fertility of soil; the removal of lateral support of abutting
streets, land and premises; the creation of dust storms and mosquito-breeding
areas; the creation of dangerous depressions; the deterioration of property
values; the rendering of lands unfit or unsuitable to their most appropriate
uses; and the creation of other factors and elements affecting the coordinated,
adjusted and harmonious physical development of the Township, and must be
controlled and regulated.
The purpose of this chapter shall be to prevent the unregulated and
uncontrolled relocation, filling, excavation and moving of soil and/or fill
by property owners, developers and excavators which may result in conditions
detrimental to the public safety, health, and general welfare, substantially
hampering and deterring the efforts of the Township to effectuate the general
purpose as expressed herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or entity who, either directly or through an employee,
agent or independent contractor, or any other representative engages or intends
to engage in depositing, storing, excavating, removing, moving on-site, grading,
or regrading five cubic yards or more of soil and/or fill, as defined in this
chapter, from, to, or upon any lot, lots, or parcel of land within the Township
of Parsippany-Troy Hills.
Any person who deposits, stores, excavates, removes, moves, grades,
or regrades soil and/or fill.
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 Township or in the office of the Morris 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, either in the office
of the Tax Assessor of the Township or in the office of the Morris County
Clerk.
Any soil permit other than a minor soil permit for the moving of
soil and/or fill within any period of 12 consecutive months.
The permit for the moving of more than five but less than 100 cubic yards of soil and/or fill within any 12 consecutive months, as required by § 350-5 hereof, and which is not submitted with or determined to affect an application for subdivision or site plan approval. If two or more applications in any 12 consecutive months' period require the movement of soil and/or fill in excess of 100 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with § 350-6 hereof.
To dig; excavate; remove; deposit; place; fill; grade; regrade; level
or otherwise alter or change the location or contour; or to transport or to
supply soil and/or fill. This term shall not be construed to include plowing,
spading, cultivating, harrowing or disking of soil and/or fill or any other
operation usually and ordinarily associated with the tilling of soil and/or
fill for agricultural or horticultural purposes, landscaping and gardening
by homeowners or agents of homeowners, provided it does not alter existing
drainage patterns.
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.
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.
Suitable materials shall include but not be limited to materials
such as earth, clay, gravel, stone, dirt, etc., as determined by the Township
Engineer.
Soil and/or fill 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.
Unsuitable materials are materials such as peat moss, organic material,
vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires,
wooden logs, etc., as determined by the Township Engineer.
No owner, applicant, excavator, or other person or entity shall move
or cause, allow, permit or suffer to be moved five cubic yards of soil and/or
fill in or upon any lot in the Township until a soil moving permit therefor
shall first have been issued in accordance with the provisions of this chapter.
The procedure for applying for and issuance of a minor soil moving permit
shall be as follows:
A.
Applications for minor soil permits shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in § 350-7A(1) of this chapter. Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Township Engineer. In addition to any other requirements which the Township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following:
(1)
The name, address and telephone number of the applicant.
(2)
The lot and block numbers and street address of the lot
or lots involved.
(3)
The name, address and telephone number of the owner of
the property.
(4)
The purpose or reason for the moving of soil and/or fill.
(5)
The kind and estimated maximum quantity in cubic yards
of soil and/or fill to be moved.
(6)
The maximum amount of soil and/or fill to be moved in
any one day.
(7)
A statement as to how the moving of the soil and/or fill
will affect all trees with a diameter of six inches or more. This statement
must relate to trees in the area where soil and/or fill will actually be moved,
and also any trees which are beyond said area but might be affected due to
equipment and/or trucks being transported over or proximate to said trees
or their root systems.
(8)
The proposed date of start and completion of the work.
(9)
The Township Engineer may require the applicant to submit
an existing topographical map and proposed grading and drainage plan and give
notification by certified mail to the abutting property owners or other property
owners who may be directly or indirectly affected if the Township Engineer
deems it necessary due to the existence of drainage or erosion problems and
to protect the health, safety and welfare of the applicant, the property and
the community.
(10)
The destination of soil and/or fill to be moved, the
route over which the material will be transported; the hours of operation,
whether it be actual excavation or soil and/or fill moving activity; or the
transporting of soil and/or fill shall be set forth in the application. Additionally,
all safety procedures and precautions which shall be taken shall be enumerated
in the application as well as the method of storage of any soil and/or fill
on any property within the Township and all procedures which shall be followed
for the storage of soil and/or fill which will ensure that the subject property,
abutting properties, any other properties, driveways, walkways, streets, and
other facilities will not be adversely affected by the storage of said soil
and/or fill and this shall include, but not be limited to, all soil and/or
fill erosion and sediment control measures which shall be implemented.
(11)
The name, address, and telephone number of the person
having direct charge over the soil and/or fill moving operation.
(12)
The name, address and telephone number of the excavator,
contractor, or person having express charge, supervision, and control of the
actual site excavation or soil and/or fill moving.
B.
The Township Engineer, upon receipt of the application,
shall make a field investigation and shall issue the permit or deny it, giving
the reasons for denial. The Township Engineer will forward a copy of the permit
to the Township Clerk, the Planning Board or Board of Adjustment and one copy
to the applicant and shall retain one copy on file. The Township Engineer
shall classify any minor soil application as a major soil application if he
finds that the application should be considered as part of a site plan or
subdivision application, or that the application may present drainage or erosion
problems, or that it may adversely affect abutting property, or other property.
The procedure for applying for and issuance of a major soil moving permit
shall be as follows:
A.
Forms; contents. On forms prescribed and supplied by
the Planning Board or Board of Adjustment, the applicant shall set forth,
in duplicate, to the Planning Board or Board of Adjustment, with carbon copies
to the Township Engineer and Zoning Enforcement Official's office:
(1)
The name, address and telephone number of the applicant.
(2)
The names, addresses and telephone numbers of the owners
of the premises.
(3)
If the soil moving application is submitted in conjunction
with site plans and subdivisions and the applicant or owner is a corporation,
the names, addresses and telephone numbers of the officers of the corporation,
the board of directors and each and every stockholder of record possessing
greater than 10% interest in the stock of the corporation.
(4)
The relationship between the applicant and the owners.
(5)
The interest that the applicant has in the lands in question.
(6)
The description of the lands in question, including lot
and block numbers of the lot or lots involved and street addresses.
(7)
The purpose or reason for moving the soil and/or fill
and whether it will be done in connection with a proposed subdivision; if
so, the date of filing the application for subdivision and the approval date
of the subdivision.
(8)
A detailed statement of the method or process to be employed
for the excavation and the proposed time period for moving.
(9)
The kind and quantity in cubic yards of the soil and/or
fill to be moved or removed.
(10)
In case of deposit, removal, or replacement of soil and/or
fill, the place to which the soil and/or fill is to be deposited, removed,
or replaced and the place from which and quantity of soil and/or fill to be
deposited, moved, or removed, in fill and excavation, and the transportation
route to be used within the Township.
(11)
The proposed date of the start and completion of the
work, including hours and days of operation.
(12)
The name, address and telephone number of the excavator,
contractor or the person having express charge, supervision and control of
the proposed excavation work.
(13)
The number, capacity, type and description of each piece
of equipment to be used in the operation and the number of truckloads to be
moved.
(14)
The routes over which the material will be transported
and the method of traffic control.
(15)
The method of abating noise and dust in the operation.
(16)
The location, type, and number of trees to be removed and a statement as to how the moving of soil and/or fill will affect all trees with a diameter of six inches or more, and the applicant must comply with Chapter 392, Trees. This statement must relate to trees in the area where soil and/or fill will actually be moved, and also any trees which are beyond said area but might be affected due to equipment and/or trucks being transported over or proximate to said trees or their root systems.
(17)
The means of assuring lateral support and preventing
erosion, floods and washing of silt into streams.
(18)
The submission of an integral soil and/or fill erosion
and sedimentation control plan.
(19)
The means of protecting neighboring properties, or any
other properties which may be affected, from the effects of the operation.
(20)
A certificate that the applicant has placed or caused
to be placed stakes at each corner of the lot or lots on which soil and/or
fill is to be moved, and further, that the applicant has placed or caused
to be placed grade stakes at the existing elevation points designated on the
topographical map pursuant to the provisions of this chapter, clearly marked
to indicate the soil and/or fill cuts or fill.
(21)
In the event that the moving of said soil and/or fill
is in connection with development or subdivision, all of the information required
under the terms of the applicable Subdivision Ordinance[1] of the Township of Parsippany-Troy Hills must also be submitted.
(22)
Such other pertinent data as the Planning Board or Board
of Adjustment of the Township of Parsippany-Troy Hills may hereinafter reasonably
require.
(23)
The moving of soil and/or fill in, to, or from floodplains
must be approved by the New Jersey Department of Environmental Protection
before any municipal permit is obtained.
(24)
If there is any indication that there are any wetland
areas within the confines of the lot which is the subject of the soil moving
application, then said wetlands shall be delineated on a map to be supplied
by the applicant with the application for the soil moving permit. The applicant
shall also be obligated to obtain a letter of interpretation from the New
Jersey Department of Environmental Protection with regard to the wetlands
delineation indicated on said map, and said letter of interpretation shall
be submitted to the Township prior to the issuance of any soil moving permit
by the Township.
B.
Signatures. Said application shall bear the signature
of the applicant and the endorsement of the owner or owners of said lands
signifying approval of the application, consent to the applicant to perform
the proposed work and consent to the Township, in the event failure of the
applicant to do so, to cause the proposed work to be completed or otherwise
terminated in keeping with the purposes and objectives of this chapter.
C.
Topographical map. Accompanying the application shall
be eight prints of a topographical map of the lot upon which the proposed
soil and/or fill moving operations are to be conducted and of all surrounding
lands within 200 feet of the perimeter of said lot, prepared and certified
by a licensed professional engineer or land surveyor of the State of New Jersey,
on a scale of not less than one inch to 100 feet and referring to United States
Coast and Geodetic Survey datum, showing as to both the lot and the surrounding
lands:
(1)
The dimensions of the lot, including distance and bearings,
and the lot and block numbers of the lot and of each lot in the surrounding
lands as shown on a Tax Assessment Map of the Township.
(2)
The existing elevations of all lands on a fifty-foot
grid layout.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water.
(4)
All existing surface and subsurface water drainage conditions
and provisions therefor.
(5)
All wooded areas and all trees having a diameter of six
inches or more at the base.
(6)
The limits of the area or areas within the lot or lots
in question within which the soil and/or fill moving operations are to be
conducted, and the existing elevations of said limits at intervals of not
more than 100 feet.
(7)
The proposed final elevations at each point where existing
elevations shown on said map are to be changed as a result of completion of
the proposed work.
(8)
Proposed slopes and lateral supports at the limits of
the area upon completion of the soil and/or fill moving operations.
(9)
Existing surface water drainage, channels of any streams,
bodies of water and watercourses, natural or artificial, including detailed
cross sections showing present and proposed channel widths, bank slopes, grade
and method of erosion control; proposed provisions and facilities for surface
water drainage which will result from the proposed changes in elevations and
contours due to the moving of soil and/or fill. This information may be provided
on a separate map in the form of a drainage study.
(10)
Accurate cross sections showing the locations, quantities,
and calculations in cubic yards of soil and/or fill to be removed.
(11)
All proposed elevations in enclosed rectangular boxes;
and all existing elevations to be indicated without any kind of enclosure.
(12)
Such other pertinent data as the Planning Board or Board
of Adjustment may reasonably require.
(13)
All easements and restrictions of record which may affect
the subject lot or lots.
(14)
If said moving application is in conjunction with a site
plan or a subdivision plan, the developer shall submit a complete site plan
or preliminary subdivision plan according to the appropriate Subdivision Ordinance.
(15)
Soil and/or fill erosion and sediment control measures.
D.
Inspection of site.
(1)
The Township Engineer shall make an inspection of the
site on which soil and/or fill is to be moved and shall make such engineering
studies as may be required to determine the effect of the movement of soil
and/or fill on the location as it relates to:
(a)
Soil and/or fill erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil and/or fill fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
(2)
The Township 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 points designated on
the topographical map pursuant to the provisions of this section. Before the
Township Engineer inspects the applicant's land, the applicant's licensed
land surveyor shall certify the location of all stakes.
E.
Hearing. The Planning Board or Board of Adjustment shall
fix a date for hearing within 45 days after the receipt of the application
and shall give to the applicant, either personally or by mail, notice of the
time and place of said hearing. The applicant shall, at least 10 days prior
to the date appointed for said hearing, serve written notice in person or
by certified or registered mail upon such persons as are shown on the municipal
tax records to be the owners of such lots within 200 feet of the property
in question. The applicant shall also, at least 10 days prior to the date
appointed for said hearing, place a legal advertisement in the official newspaper
of the Township of Parsippany-Troy Hills, setting forth its request for a
soil moving permit, which notice shall include the name of the developer,
a description of the property by lot and block, and the street address, the
amount of soil and/or fill to be moved, the purpose for which the soil and/or
fill is to be moved and the time, date and place of said hearing. The applicant
shall, at the hearing, present to the Planning Board or Board of Adjustment
satisfactory proof, in affidavit form, of the service and publication of said
notices.
F.
Factors to be considered in determining application.
In considering the application, the Planning Board or Board of Adjustment
shall be guided by the general purposes of municipal planning and shall take
into consideration the following factors:
(1)
Soil and/or fill erosion by water and wind.
(2)
Surface and subsurface water drainage.
(3)
Soil and/or fill fertility and soil-bearing capacity.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
The general welfare of the municipality and of the citizens
of the Township of Parsippany-Troy Hills.
(8)
The proper restoration of the premises after excavation
as to safety and aesthetics.
(9)
The effect of flooding upon the premises in question
and other property within and without the Township.
(10)
Whether the proposed work will create a nuisance.
(11)
Whether the proposed work is necessary in connection
with the development of residential property.
(12)
The effect that the proposed moving of soil and/or fill
would have on individual sanitary sewage disposal systems and/or water supply
systems.
(13)
The preservation of existing watercourses.
(14)
The creation of sharp declivities, pits or depressions.
(15)
Whether the proposed moving of soil and/or fill constitutes
a commercial activity.
(16)
Proposed complete site plan or preliminary subdivision
plan.
(17)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
(18)
Proposed soil and sedimentation control plan.
G.
Decision. The Planning Board or Board of Adjustment shall
review and consider the completed application, all of the requirements of
the provisions of this chapter, the material factors brought up at the public
hearing and the reports of other reviewing authorities of the Township and
shall either grant or deny the issuance of said soil permit. If the Planning
Board or Board of Adjustment denies the permit, the reason for the denial
shall be stated. The Planning Board or Board of Adjustment may also issue
a permit with stipulations and conditions. The Planning Board or Board of
Adjustment shall grant or deny the application within 45 days of the filing
of a complete application or within such further time as may be mutually consented
to between the applicant and the Planning Board or Board of Adjustment.
H.
Jurisdiction of Board of Adjustment in lieu of Planning Board. Primary jurisdiction for approval of applications for soil permits shall be that of the Planning Board. However, in all instances where the Board of Adjustment has primary jurisdiction of a site plan application, subdivision application, or other application pursuant to the provisions of the New Jersey Municipal Land Use Act (N.J.S.A 40:55D-1 et seq.) and there is a soil permit applied for in conjunction with or as part of said application, then the Board of Adjustment shall be substituted for the Planning Board as the agency charged with the responsibility of reviewing said soil permit application, applying all of the criteria and requirements of this chapter and rendering a decision pursuant to Subsection G of this section.
I.
Council review and approval.
(1)
The approval of the Planning Board pursuant to Subsection G of this section of any soil permit application which is not submitted together with a subdivision application, site plan application, or other application provided for in the New Jersey Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and is for the moving of 400 cubic yards of soil and/or fill or more shall be conditioned upon and subject to the review and approval of the Township Council. The Township Council shall promptly review the application and render its decision thereon within 30 days of the date of the action of the Planning Board. If the Township Council does not approve the application the reason or reasons shall be stated in the resolution of the Township Council.
(2)
The approval of the Planning Board or Board of Adjustment pursuant to Subsection G of this section of any soil permit application which is submitted together with a subdivision application, site plan application, or other application provided for in the New Jersey Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and is for the moving of 1,500 cubic yards of soil and/or fill, or more, shall be conditioned upon and subject to the review and approval of the Township Council. The Township Council shall promptly review the application and render its decision thereon within 30 days of the date of the action of the Planning Board or Board of Adjustment. If the Township Council does not approve the application, the reason or reasons shall be stated in the resolution of the Township Council.
J.
Appeal. Any interested party may appeal to the governing
body the final decision of the Planning Board or Board of Adjustment on an
application for major soil moving permit. Any such appeal shall be made within
10 days from the date of publication of such final decision. The appeal to
the governing body shall be made by serving the Township Clerk in person or
by certified mail with a notice of appeal specifying the grounds thereof and
the name, address and telephone number of the attorney, if represented. Such
appeal shall be decided by the governing body upon the record established
before the Planning Board or Board of Adjustment.
B.
Soil moving fee. The soil moving fee will be charged
at the rate of $0.15 per cubic yard of fill or excavation less the soil application
fee. If the permit is voluntarily withdrawn, the soil moving fee shall be
refunded less the expenses incurred by the Township.
[Amended 12-20-2005 by Ord. No. 2005:31]
D.
Exemption from fees. All utility companies and federal,
state and local authorities, including the Board of Education and charitable
organizations, may be exempt from the requirements of soil application fees
and soil movement fees at the discretion of and upon application to the Township
Council.
A.
In the event that the Planning Board or Board of Adjustment
approves the soil moving permit application, the Planning Board or Board of
Adjustment shall forthwith give notice to the applicant of the action taken.
When a performance guaranty is required, the Planning Board or Board of Adjustment
shall also give notice of the amount of the performance guaranty required
as hereinafter set forth in this section. In the event that the applicant
fails to post the required performance guaranty within 60 days of said notice,
then the approval of the Planning Board or Board of Adjustment shall be automatically
rescinded, but in no event shall any soil and/or fill moving activities be
begun until required performance guaranties are posted.
B.
No major soil moving permit shall be issued unless the
applicant therefor shall have posted with the Township a performance guaranty,
in the form approved by the Township Attorney, in either cash or its equivalent,
or a surety bond as specified by the Township Council, in such amount as the
Planning Board or Board of Adjustment, upon written recommendation of the
Township Engineer, shall determine, 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 moving permit issued pursuant hereto.
C.
Amount of performance guaranty.
(1)
The amount of said performance guaranty shall be determined
at the rate of not less than $0.10 per cubic yard and not in excess of $0.50
per cubic yard of the amount of soil and/or fill to be moved; provided, however,
that in no event shall said performance guaranty be less than the principal
amount of $2,000. The Planning Board or Board of Adjustment may request additional
performance guaranties for improvements shown on the soil moving application
or plan, such as but not limited to the following: retaining walls, planting,
drainage, erosion control, damages to haul route, etc.
(2)
In ascertaining the rate upon which to compute the amount
of the performance guaranties, the Planning Board or Board of Adjustment shall
take into consideration such factors as may bear upon the facility with which
the proposed work may be performed, including but not limited to the type
and character of soil and/or fill, the extent of the area over which the soil
and/or fill moving operations are to be conducted, the extent and depth of
the various cuts and fills, the extent to which the area of operations is
wooded, the proximity of the proposed operations to streets, buildings, structures,
natural or artificial streams or watercourses and general drainage conditions.
D.
Before the holder of any soil moving permit shall proceed
before the Planning Board or Board of Adjustment with any application for
any amendment or alteration of the terms and conditions of any outstanding
soil moving permit, there shall be submitted to the Planning Board or Board
of Adjustment, if a performance bond was posted, the written consent of the
surety on said bond approving said application for amendment or alteration
and consenting to extension of the bond coverage thereto.
E.
Applications for the release of any performance guaranties
posted in accordance with the terms of this section or the resolutions of
the Planning Board or Board of Adjustment shall be accompanied by an as-built
drawing and affidavit stating that the soil and/or fill moving 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
therein adopted by the Planning Board or Board of Adjustment. Said affidavit
shall be executed by a licensed professional engineer or land surveyor of
the State of New Jersey.
[Amended by Ord. No. 94:37]
A.
The soil moving permit shall be in such form as may be
prescribed by the Planning Board or Board of Adjustment. A major soil permit
shall be signed by the Secretary of the Planning Board or the Chairman of
the Planning Board, or the Secretary or Chairman of the Board of Adjustment,
and it shall contain any special conditions set forth in the recommendation.
A minor soil permit shall be signed by the Township Engineer.
B.
The soil moving permit shall be dated as of the date
it is actually issued, and the term of said permit shall not exceed one year.
C.
All permits shall automatically expire on the termination
date, unless application for renewal has been made and approved in writing,
extending such permit.
D.
Hours of operation. There shall be no soil and/or fill
moving operations, which includes loading and unloading, at any time between
5:00 p.m. and 8:00 a.m., prevailing time, nor at any time on Sunday or legal
holidays, nor on Saturday after the hour of 12:00 noon.
E.
No soil moving permit shall be issued until it is determined
that there are no outstanding taxes or assessments for local improvements
due or delinquent on the property for which the application is made.
F.
Exemption from performance guaranty requirements. All
utility companies and federal, state and local authorities, including the
Board of Education and charitable organizations, may be exempt from the performance
guaranty requirements of this section, at the discretion of and upon application
to the Township Council.
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 Parsippany-Troy Hills Zoning Ordinance,
as amended and supplemented;[1] or any endeavor enterprise other than the grading or regrading
of said premises in accordance with the provisions of said permit and, where
applicable, the necessary disposal of soil incidental to said grading or regrading.
B.
Conduct or maintain any soil and/or fill moving operations
without having first made adequate provisions for the prevention of dust incidental
to the use of vehicles, machinery and equipment on the lands described in
the soil permit in compliance with the soil erosion and sediment control plan.
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 and/or fill 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 and/or
fill moving operations.
D.
Conduct any soil and/or fill moving operations beyond
the expiration date as set forth in the soil moving permit or extended expiration
date as may duly be granted by the Planning Board or Board of Adjustment.
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 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 12 inches below the proposed final grades as shown
on the topographical map unless:
A.
The soil moving permit specifies otherwise and the performance
guaranty, hereinbefore referred to, makes specific provisions for replacement,
on or before the completion date set forth in the soil moving permit, of soil
and/or fill of sufficient quantity and kind to restore the final grades to
those shown on the topographical map; or
B.
After issuance of the soil moving permit, the developer
or excavator, before digging or excavating below said twelve-inch level, shall
apply to the Planning Board or Board of Adjustment 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 or Board of Adjustment may
deem necessary to assure adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil and/or fill upon, fill
in or raise the grade of any lot without first making provision for:
A.
The use in said work of soil and/or fill 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 and/or
fill 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,
of a layer of topsoil not 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.
C.
Seeding of the property, which shall be accomplished
within one month after completion of the soil and/or fill moving operation,
weather permitting, but in no event shall seeding of the property be accomplished
more than three months after completion unless an extension of time is granted.
The applicant will maintain the seeded area for a period of one year after
completion.
A.
Nothing in this chapter shall be construed to affect
or apply to any person engaged in the moving of soil and/or fill in and upon
lands enrolled in the soil conservation program of the Northeastern Jersey
Soil Conservation District of the United States Department of Agriculture
Soil Conservation Service and for which lands an "approved farm plan" has
been established by said agency, provided that all soil and/or fill moving
operations in and upon such lands are performed in accordance with said approved
farm plan.
B.
The provisions of this chapter shall not apply to excavations
for building foundations or driveways related to one single-family residential
building not part of a two-lot-or-more subdivision approval, nor shall it
apply to excavations for lines, septic tanks or sanitary sewer installations.
For the purpose of administering and enforcing this chapter, a duly
authorized agent of the office of the Township Engineer shall have the right
to enter into and upon any lands in or upon which soil and/or fill moving
operations are being conducted, to examine and inspect such lands in order
to determine compliance with the requirements of any soil moving permit issued.
