[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 5-8-1975 by Ord. No. 75-13. Amendments noted
where applicable.]
The purpose of this chapter shall be to prevent
the unregulated and uncontrolled relocation, filling, excavation and
removal of soil by 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 the municipal planning. The continuation of the
unregulated and uncontrolled relocation, filling, excavation 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; and creation of other
factors and elements hampering and deterring the coordinated, adjusted
and harmonious physical development of the Borough.
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 two 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 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.
Any soil permit other than ministerial for the moving of
soil within any period of 12 consecutive months.
A permit for the moving of soil, as required by § 375-5 of this chapter, between zero and 400 cubic yards of soil within any period of 12 consecutive months. If two or more applications in any twelve-consecutive-month period require the movement of soil in excess of 400 cubic yards in the aggregate, said application shall be classified as a major soil-moving application and shall be required to comply with § 375-6 of this chapter.
To dig; excavate; remove; deposit; place; fill; grade; regrade;
level or otherwise alter or change the location of contour; or transport;
or 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.
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 Borough 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 Borough Engineer 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, etc.
No developer and no excavator shall move or
cause, allow, permit or suffer to be moved any soil in or upon any
lot in the Borough unless and until a soil-moving permit therefor
shall first have been issued in accordance with the provisions of
this chapter.
[Amended 9-10-1991 by Ord. No. 91-28]
All applications for soil-moving permits shall
be made through the office of the Zoning Officer.
The procedure for applying for and issuance
of a ministerial soil-moving permit shall be as follows:
A.
Applications for ministerial soil permits shall be filed with the Borough Engineer and shall be accompanied by the fee prescribed in § 375-7 of this chapter.
(1)
Applications shall be made in triplicate on forms
prescribed by the Borough and supplied by the Borough Engineer. In
addition to any other requirements which the Borough, acting through
the Borough Engineer, may require on data pertinent to the application,
the application shall show the following:
(a)
The identity and location of the applicant.
(b)
The lot and block number of the lot or lots
involved.
(c)
The identity and location of the owner of the
lands.
(d)
The purpose or reason for the moving of the
soil.
(e)
The estimated quantity in cubic yards of soil
to be moved.
(f)
A statement as to how the moving of the soil
will affect all trees with a diameter of six inches or more.
(g)
The proposed date of completion of the work.
(2)
The Borough Engineer shall require the applicant to
submit an existing topographical map and a proposed grading and drainage
plan and notification by certified mail to the abutting property owners
about the soil-moving operation if the Borough Engineer deems it necessary
due to the existence of substantial drainage or erosion of soil problems
and to protect the health, safety and welfare of the people and property.
B.
The Borough Engineer, upon receipt of the application,
shall make a field investigation and shall issue the permit or deny
it, giving his reasons for denial. The Borough Engineer will forward
a copy of the permit to the Building Department and one to the applicant
and shall retain one copy on file. The Borough Engineer shall classify
any ministerial soil application as a major soil application if he
finds the application will present unusual drainage or erosion of
soil problems or adversely affect the development of the abutting
lot or lots.
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 a carbon copy to the Borough Engineer and Building Department:
(1)
The identity and location of the applicant.
(2)
The description of the lands in question, including
lot and block number of the lot or lots involved.
(3)
The name and address of the owner of the lands.
(4)
The purpose or reason for moving the soil and whether
it will be done in connection with a proposed subdivision; if so,
the date of filing the application for subdivision.
(5)
A detailed statement of the method or process to be
employed for the excavation and the proposed time period for removal.
(6)
The kind and quantity in cubic yards of the soil to
be removed.
(7)
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 in the Borough.
(8)
The proposed date of the completion of the work.
(9)
A certificate that he 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 he 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 fill.
(10)
A statement as to how the moving of the soil will
affect all trees with a diameter of six inches or more.
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 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, 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, on a scale of not less than one inch to 100 feet, and
referred to United States Coast and Geodetic Survey data, showing,
both as to the lot and as to all of said 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 one-hundred-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 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-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-moving operations.
(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.
(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,
by resolution, 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 subdivision plan, the developer shall submit a complete
site plan or preliminary subdivision plan according to the appropriate
subdivision ordinance.
D.
Inspection of site.
(1)
The Borough 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 removal
of soil from the location 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.
E.
Hearing. The Planning Board shall, within 60 days
after receipt of the application, fix a date for a hearing for the
purpose of considering 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, either
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 at the hearing
present to the Planning Board satisfactory proof in affidavit form
of the service of said notices.
F.
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 water drainage.
(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)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Borough.
(8)
Proposed complete site or preliminary subdivision
plan.
G.
Decision. The Planning Board shall review and consider
the application which must be complete, including all of the requirements
of the provisions of this chapter and the material factors brought
up at the public hearing and the reports of other reviewing authorities
of the Borough, and 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 also can issue a permit
with stipulations and conditions. The Planning Board shall act within
60 days of the filing of a complete application. The Planning Board
shall act only upon the filing and receipt of a complete application
within said 60 days. The failure of the Planning Board to either deny
or grant the permit within said 60 days 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 60
days.
H.
Appeal. In the event of refusal, the applicant may,
not later than 30 days after the date of such refusal, appeal to the
Borough Council. 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 recommendations.
I.
When any application for development is pending before
the Zoning Board of Adjustment, then all powers granted to the Planning
Board with regard to the receipt, review and determination of applications
for major soil removal permits under this chapter are hereby granted
and conferred upon the Zoning Board of Adjustment.
[Added 5-9-1989 by Ord. No. 89-19; amended 3-25-2008 by Ord. No. 08-4]
[Amended 3-23-1978 by Ord. No. 78-5; 5-10-2011 by Ord. No. 11-15]
B.
Soil-moving fee.
(1)
The soil-moving fee will be charged at $0.10 per cubic
yard of fill or excavation, whichever is greater, less the soil application
fee. If the permit is denied or withdrawn, the soil-moving fee shall
be refunded, less the expenses incurred by the Borough of Paramus.
(2)
Exemption. All utility companies, federal, state and
local authorities, including the Board of Education and charitable
organizations, and further, any movement of soil amounting in the
aggregate up to 10 cubic yards of soil in a twelve-month consecutive
period shall be exempt from the requirement of the soil application
fee and soil movement fee.
A.
In the event that the Planning Board recommends approval
of the soil removal permit application, the Secretary of the Planning
Board shall forthwith give notice to the applicant of the action of
the Planning Board, and further, 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 recommendation of the Planning Board
shall be automatically rescinded.
B.
No soil removal permit shall be issued unless the
applicant therefor shall have posted with the Borough a performance
bond in form and with surety acceptable to the Borough in such amount
as the Planning Board 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 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 to be moved; provided, however,
that in no event shall said bond be less than the principal amount
of $2,000. 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 haul 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 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.
Applications for the release of any bonds posted in
accordance with the terms of this chapter 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 removal permit shall be in such form as may
be prescribed by the Planning Board. It shall be signed by the Secretary
of the Planning Board and either the Chairman of the Planning Board
or the Chairman of the Soil Committee of the Planning Board, and it
shall contain any special conditions set forth in the recommendation.
B.
The soil removal 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.
No person to whom a soil removal 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 Chapter 429, Zoning, as amended and supplemented, 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 provision by means of road oil or otherwise
for the laying 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 incombustible 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 by combustion or removal from the premise.
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 removal 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 said minimum level,
shall apply to the Planing 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, fill 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 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.
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 an 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 or duly authorized
agent of the office of the Borough Engineer and Building Department
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.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter or conditions attached to the issuance of any permit shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
