[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 12-11-2002 by Ord. No. 2002:884.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 89.
Subdivision of land and site plan review — See Ch. 173.
Zoning — See Ch. 200.
Fees and deposits — See Ch. A301.
[1]
Editor's Note: This ordinance repealed former
Ch. 167, Soil Movement, adopted 11-22-1967 by Ord. No. 1967:179, as
amended.
The purpose of this chapter shall be to prevent
the unregulated and uncontrolled relocation, filling, excavation and
removal of soil 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 Borough to effectuate the general purpose of municipal planning.
As used in this chapter, the following terms
shall have the meanings indicated:
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 one or more dwelling houses, business or industrial
buildings in any subdivision for the purpose of sale to or occupancy
by another person or persons.
Any person who moves soil.
Any parcel of land or portion thereof, the boundary lines
of which can he 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 he 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.
Any soil-moving permit other than a minor soil permit for
the moving of soil within any period of 12 consecutive months.
A permit for the moving of more than 100 but less than 250 cubic yards of soil within any 12 consecutive months, as required by § 167-4.1 of this chapter and which is not submitted with or determined to affect an application for subdivision or site plan approval, provided that the Construction Code Official classifies the application as such pursuant to this chapter. If two or more applications in any twelve-consecutive-month period require the movement of soil in excess of 250 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with § 167-5 of this chapter, provided that the Construction Code Official, in concert with the Borough Engineer, deems such reclassification to be necessary.
[Added 9-14-2016 by Ord.
No. 2016:1213]
A permit for the moving of more than 25 but less than 100 cubic yards of soil within any 12 consecutive months, as required by § 167-4 of this chapter and which is not submitted with or determined to affect an application for subdivision or site plan approval, provided that the Construction Code Official classifies the minor soil-moving application as such pursuant to § 167-4C. If two or more applications in any twelve-consecutive-month period require the movement of soil in excess of 100 cubic yards in the aggregate, said application shall be reclassified as either a minor soil moving application with engineering review or a major soil moving application. The reclassified application will be required to comply with the requirements in the appropriate sections of this chapter, provided that the Construction Code Official, in concert with the Borough Engineer, deems such reclassification to be necessary.
[Amended 9-14-2016 by Ord. No. 2016:1213]
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. This term shall not be construed to include plowing,
spading, cultivating, harrowing or discing 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.
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.
A structure constructed and erected between lands of different
elevations to protect structures and/or prevent erosion.
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.
The Planning Board Engineer 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, etc.
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.
The Planning Board Engineer shall determine whether the fill
is suitable or unsuitable to the particular location. Unsuitable materials
are materials such as peat moss, organic material, vegetation, leaves,
tree stumps, wood chips, saw dust, chemical waste, tires, wooden logs,
etc.
No owner, developer or excavator shall move,
cause, allow, permit or suffer to be moved any soil in or upon any
lot in the Borough until a soil-moving permit therefor shall first
have been issued in accordance with the provisions of this chapter.
All applications for soil-moving permits shall be made through the
Municipal Construction Code Official's office.
Application for a minor soil-moving permit does
not require an appearance before the Mayor and Council. 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 Construction Code Official and shall be accompanied by the fee prescribed in § 167-6 of this chapter. Applications shall be made in triplicate on forms prescribed by the Borough and supplied by the Construction Code Official. In addition to any other requirements which the Borough, acting through the Construction Code Official, may require on data pertinent to the application, the application shall show the following:
(1)
The identity and address of the applicant.
(2)
The lot, block number and street address of the lot
or lots involved.
(3)
The identity and location of the owner of the property.
(4)
The purpose or reason for the moving of soil.
(5)
The estimated quantity, in cubic yards, of soil to
be moved with supporting calculations.
(6)
A statement as to how the moving of the soil will
affect all trees with a diameter of six inches or more.
(7)
The proposed date of completion of the work.
(8)
The Construction Code Official may require the applicant
to submit an existing topographical map and proposed grading and drainage
plan and notification by certified mail to the abutting property owners
if the Building Inspector deems it necessary due to possible drainage
or erosion problems and to protect the health, safety and welfare
of the applicant, the property and the community.
B.
The Construction Code Official, upon receipt of the
application, shall make a field investigation and shall issue the
permit or deny it, giving his reasons for denial.
C.
The Construction Code Official will forward a copy
of the permit to the Planning Board and one copy to the applicant
and shall retain one copy on file. The Construction Code Official
shall classify any minor soil application as a major soil application
if he finds the application should be considered as part of a site
plan or subdivision application, or that the application will present
unusual drainage or erosion problems or that it will adversely affect
the development of an abutting lot or lots.
D.
Retaining walls shall not be greater than four feet in height. Retaining walls that do not require major soil-moving permits and are under four feet in height, or a series of stepped retaining walls totaling less than four feet in height, shall be reviewed by the Construction Code Official and the Building Subcode Official, without formal engineering design calculations, and may be constructed with material such as railroad ties or other material as approved by the Construction Code Official. Retaining walls shall be set back from the property line a minimum of one foot for every foot in wall height. If, in the opinion of the Construction Code Official, any proposed retaining wall may cause adverse conditions to the adjacent properties or has surcharge loadings such as driveways, slopes, or other structures, the Construction Code Official reserves the right to forward the application to the Planning Board Engineer; in such a case, formal engineering design calculations may be required for approval, and escrow fees shall apply as well as the minor soil-moving fees as per Chapter A301.
[Added 2-8-2012 by Ord. No. 2012:1114]
[Added 9-14-2016 by Ord.
No. 2016:1213]
A.
Application for a minor soil-moving with engineering review permit
does not require an appearance before the Planning Board. The requirements
are the same as those listed in § 164-4, above, plus:
The procedure for applying for the issuance
of a major soil-moving permit shall be as follows:
A.
On forms prescribed and supplied by the Planning Board,
the applicant shall set forth, in duplicate, to the Planning Board
with copies to the Planning Board Engineer and Municipal Construction
Official's office (note that, in total, the applicant must submit
the original application plus three copies to the Borough officials
named herein):
(1)
The name and address of the applicant.
(2)
The names and addresses of the owners of the premises.
(3)
If the soil moving application is submitted in conjunction
with a subdivision of six or more lots or for multifamily houses of
25 or more units or for approval of a commercial development and the
applicant or owner is a corporation, the names and addresses 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 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.
(7)
The purpose or reason for moving the soil and whether
it will be done in connection with a proposed subdivision; and if
so, the date of filing the application for subdivision.
(8)
A detailed statement of the method or process to be
employed for the excavation and proposed time period for removal.
(9)
The kind and quantity in cubic yards of the soil to
be removed.
(10)
In case of removal or replacement of soil, the place
to which the soil is to be removed, and the place and quantity of
soil to be removed, in fill and excavation, and the transportation
route to be used within the Borough.
(11)
The proposed date of completion of the work, including
hours and days of operation.
(12)
The name and address 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 removed.
(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 number of trees to be removed and a statement
as to how the moving of soil will affect all trees with a diameter
of six inches or more.
(17)
The means of assuring lateral support and preventing
erosion and flooding.
(18)
The submission of a soil erosion and sediment control
plan.
(19)
The means of protecting downstream properties 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 from which soil
is to be removed 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 cuts or fills.
(22)
Such other pertinent data as the Planning Board of
the Borough of Closter may hereinafter reasonably require.
(23)
A foundation location survey must be included with the application.
[Added 9-14-2016 by Ord.
No. 2016:1213]
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 of the applicant
to perform the proposed work and consent to the Borough, in the event
of 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-moving operations are to be conducted and of all surrounding
lands within 100 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 no less than one inch to 100 feet and
referring to United States Coast and Geodetic Survey data, showing
both as to the lot and surrounding lands:
(1)
The dimensions of the lot, including distance and
bearings and the lot and block number of the lot, and of each lot
in the surrounding lands as shown on a Tax Assessment Map of the Borough.
(2)
The existing elevations of all lands on a twenty-five-foot
grid layout or one-foot contour intervals as required by the Planning
Board Engineer.
(3)
The existing elevations of all buildings, structures,
streets and bodies of water.
(4)
Existing surface and subsurface drainage conditions
and patterns.
(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-moving operations are to be
conducted, and the existing elevations of said limits at intervals
of not more than 25 feet or one-foot contour intervals as required
by the Planning Board Engineer.
(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-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 removal of
soil. This information may be provided on a separate map in the form
of a drainage study.
(10)
Accurate cross sections showing the locations and
quantities, in cubic yards, of soil to be moved.
(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 may
reasonably require.
(13)
All easements and restrictions of record which may
affect the subject lot or lots.
D.
Retaining walls. Retaining walls shall not be greater than four feet in height. Walls up to and including two feet in height can be approved by the Construction Code Official without formal engineering design calculations and may be constructed with material such as railroad ties or other material as approved by the Construction Code Official. Walls higher than two feet in height shall be designed by a professional engineer and shall be of reinforced concrete or equivalent as approved by the Planning Board Engineer. Retaining walls shall be set back from the property line a minimum of one foot for every foot in wall height. Wall plans, elevations and design computations shall be submitted to the Planning Board Engineer for approval. Notice must be given to neighboring property owners as outlined in Subsection F, below. Subsequent to construction, the applicant’s engineer shall submit a signed and sealed certification acceptable to the Construction Code Official stating that the retaining wall(s) has/have been constructed in accordance with the plans and applicable Code requirements and standards.
[Amended 2-8-2012 by Ord. No. 2012:1114]
E.
Inspection of site.
(1)
The Planning Board Engineer shall make an inspection
of the site from which soil is to be moved and shall make such engineering
studies as may be required to determine the effect of the movement
of soil as it relates to:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil 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 Borough.
F.
Hearing. The Planning Board 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 certified mail, notice of
the time and place of said hearing. The applicant shall, at least
five days prior to the date appointed for said hearing, serve written
notice in person or by 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 Borough of
Closter, 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; the amount of soil to be moved; the purpose
for which the soil is to be moved; and the time, date and place of
said hearing. The applicant shall, at the hearing, present to the
Planning Board satisfactory proof, in affidavit form, of the service
and publication of said notices.
G.
Factors to be considered in determining application.
In considering the application, the Planning Board shall be guided
by the general purpose of municipal planning and shall take into consideration
the following factors:
(1)
Soil erosion by water and wind.
(2)
Surface and subsurface drainage conditions and patterns.
(3)
Soil 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 Borough of Closter.
(8)
The unsightliness of the premises after soil movement.
(9)
The effect of flooding upon the premises in question
or surrounding properties.
(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 movement of soil would
have on individual sanitary sewage disposal systems.
(13)
The preservation of existing watercourses.
(14)
The creation of sharp declivities, pits or depressions.
(15)
Whether the proposed removal of soil 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 harmonious physical development of the Borough.
(18)
Proposed soil and sedimentation control plan.
H.
Decision. The Planning Board shall review and consider
the completed application, all of the requirements of the provisions
of this chapter, the material factors brought up in the report of
the Planning Board Engineer and the reports of other reviewing authorities
of the Borough. Thereafter, the Planning Board shall either grant
or deny the issuance of said soil permit. If the Planning Board denies
the permit, the reason for the denial shall be stated. The Planning
Board may also issue a permit with stipulations and conditions. The
Planning Board shall act within 45 days of the filing of a complete
application. It shall be considered an automatic approval of the issuance
of said permit unless the Planning Board extends the time limit for
a period not to exceed an additional 45 days.
I.
Appeal. Any proper party may appeal to a court of
appropriate jurisdiction pursuant to applicable law. The Borough Council
may, upon its own initiative and not later than 30 days after the
determination, review any application for soil removal and decision
by the Planning Board or by the Construction Code Official. The Borough
Council may, by a majority vote of the members present, sustain or,
by a 2/3 vote of its entire membership, overrule the Planning Board
Decision.
A.
Soil application fee.
(3)
Soil application fee will not be refundable.
(4)
An escrow deposit as set forth in Ch. A301, Fees and Deposits for a major soil-moving application in order to conduct the required Engineering Review. Additional escrow deposits may be required as deemed necessary by the Planning Board or Planning Board Engineer.
(5)
An escrow deposit for a retaining wall may be required
as deemed necessary by the Planning Board Engineer.
B.
Soil-moving fee. The soil-moving fee will be charged as set forth in Ch. A301, Fees and Deposits.
C.
Exemption from fees. All utility companies, 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 the Planning
Board.
A.
In the event that the Planning Board approves the
soil-moving permit application, the Secretary or Assistant Secretary
of the Planning Board shall forthwith give notice to the applicant
of the action of the Planning Board. If, in the discretion of the
Planning Board, a performance bond is required, the Secretary or Assistant
Secretary shall also give notice of the amount of the performance
bond required as hereinafter set forth in this section. In the event
that the applicant fails to post the required performance bond within
60 days of said notice, then the approval of the Planning Board shall
be automatically rescinded.
B.
No major soil-moving permit shall be issued unless
the applicant therefor shall have posted with the Borough a performance
bond in form approved by the Attorney for the Planning Board and with
surety acceptable to the Borough in such amount as the Planning Board
with the assistance of the Planning Board 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.
The amount of said bond shall be sufficient to cover
the cost of property restoration, to cover the cost of permanent soil
erosion control if the work is not satisfactorily completed by the
applicant and to cover the costs of Borough review and inspection.
The bond amount shall be estimated by the Planning Board Engineer
and shall be confirmed at a hearing of the Planning Board. The bond
shall be as approved by the Planning Board Attorney. The bond shall
be presented to the Borough Clerk before construction is started.
The Planning Board may request additional bonds 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 hauling route, etc. In ascertaining the rate upon which
to compute the amount of the bond, the Planning Board 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; the extent of the area over which
the soil-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-removal permit shall
proceed before the Planning Board Attorney with any application for
any amendment or alteration of the terms and conditions of any outstanding
soil-removal permit, there shall be submitted to the Planning Board
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.
Requests for the release of any bonds posted in accordance
with the terms of this section or the resolutions of the Planning
Board shall be accompanied by an affidavit, stating that the soil-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.
Said affidavit shall be executed by a licensed professional or civil
engineer or land surveyor of the State of New Jersey.
A.
The soil-moving permit shall be in such form as may
be prescribed by the Planning Board. A major soil permit shall be
signed by the Secretary of the Planning Board or the Chairman of the
Planning Board, and it shall contain any special conditions set forth
in the recommendation. A minor soil permit shall be signed by the
Construction Code Officer.
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-moving
operations which include 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 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.
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 Closter Zoning Ordinance, as amended and supplemented;[1] or any endeavor or 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-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
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.
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 six inches below
the proposed final grades as shown on the topographical map unless:
A.
The soil-moving permit specifies otherwise and the
performance bond hereinbefore referred to makes specific provisions
for replacement, on or before the completion date set forth in the
soil-removal permit, of soil of sufficient quantity and kind to restore
the final grades to those shown on the topographical map; or
B.
After issuance of the soil-removal permit, the developer
or excavator, before digging or excavating below the approved level,
shall apply to the Planning Board 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 may deem necessary
to assure adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil
upon, till in or raise the grade of any lot without first making provision
for:
A.
The use in said 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.
B.
The collection and storage upon the lot of the original
topsoil, to the end that said topsoil shall not be buried beneath
soil or other material of inferior quality, and the uniform placement
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 or an approved alternative,
which shall be accomplished within one month after completion of the
soil moving operation, weather permitting, but in no event shall seeding
of the property or the approved alternative be accomplished more than
six months after completion. The applicant will maintain the seeded
area for a period of one year after completion.
Nothing in this chapter shall be construed to
affect or apply to any person engaged in the moving of soil 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 and approved
farm plan has been established by said agency, provided that all soil-moving
operations in and upon such lands are performed in accordance with
said approved farm plan.
For the purpose of administering and enforcing
this chapter, any member of the Planning Board, duly authorized agent
of the office of the Planning Board Engineer and Municipal Construction
Official'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.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code. Each and every violation and nonconformance of the terms and provisions of this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.
