East Hanover Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Soil Moving
§ 95-69 Legislative declaration.
A.
The unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale 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 East Hanover to effectuate the general purpose of municipal planning, and must be controlled.
B.
The unregulated and uncontrolled relocation, filling, excavation and removal of soil will result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water and wind; inadequate and improper surface water drainage; 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.
§ 95-70 Purpose.
The purpose of this article 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 Township to effectuate the general purpose as expressed herein.
§ 95-71 Definitions.
[Amended 11-3-2025 by Ord. No. 24-2025]
As used in this article, 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, a business or industrial building 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 Township or in the office of the Morris County Clerk. For the purposes of this article, 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 Township or in the office of the Morris County Clerk.
Any soil 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 one but less than 250 cubic yards of soil within any 12 consecutive months, as required by § 95-73 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 in excess of 250 cubic yards, but is 500 cubic yards or less, a determination will be made at the discretion of the Township Engineer whether or not soil movement activity is to be classified as a minor or a major soil movement application. If two or more applications in any 12 consecutive months' period require the movement of soil in excess of 500 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with § 95-74 hereof.
To dig; excavate; remove; deposit; place; fill; grade; regrade; level or otherwise alter or change the location of contour; or to transport or to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes, landscaping and gardening by homeowners or agents of homeowners, provided 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 Township 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 Township 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, sawdust, chemical waste, tires, wooden logs, etc.
§ 95-72 Soil moving permit required.
[Amended 8-27-1981 by Ord. No. 21-1981]
No owner, developer or excavator shall move or cause, allow, permit or suffer to be moved any soil 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 article. All applications for soil moving permits shall be made through the Township Engineer.
§ 95-73 Application for minor soil moving permit.
[Amended 8-27-1981 by Ord. No. 21-1981]
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 § 95-75 of this article. 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 identity and address of the applicant.
(2)
The lot and block numbers 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.
(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 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 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.
B.
The Township 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 Township Engineer will forward a copy of the permit to the Township, the Planning Board 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 will present drainage or erosion problems or that it will adversely affect abutting property.
§ 95-74 Application for major soil moving permit.
[Amended 8-17-1982 by Ord. No. 24-1982; 8-27-1981 by Ord. No. 21-1981; 11-3-2025 by Ord. No. 24-2025]
The procedure for applying for and issuance of a major soil moving permit shall be as follows:
A.
The applicant shall provide the following information to the Planning Board:
(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 subdivisions 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 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.
(7)
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.
(8)
The kind and quantity in cubic yards of the soil to be removed. An estimated number of truck loads and the available truck routes shall be described.
(9)
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.
(10)
Such other pertinent data as the Planning Board of the Township of East Hanover may hereinafter reasonably require.
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 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 article.
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 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 one-hundred-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 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)
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 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 may reasonably require.
(13)
All easements and restrictions of record which may affect the subject lot or lots.
(15)
Soil erosion and sediment control measures.
D.
Inspection of site.
(1)
The Township 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 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.
E.
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 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 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 East Hanover, 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.
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)
The general welfare of the municipality and of the citizens of the Township of East Hanover.
(8)
The unsightliness of the premises after excavation.
(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 removal 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 and harmonious physical development of the Township.
(18)
Proposed soil and sedimentation control plan.
G.
Decision. The Planning Board shall review and consider the completed application, all of the requirements of the provisions of this article, 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 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 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.
H.
Appeal. Any interested party may appeal to the governing body the final decision of the Planning Board 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 and address of his attorney, if represented. Such appeal shall be decided by the governing body upon the record established before the Planning Board.
I.
After Board review and approval, the following information shall be provided prior to the pre-construction meeting and issuance of any building permit:
(1)
In case of removal or replacement of soil, the place to which the soil is to be removed and the place from which and the quantity of soil to be removed, in fill and excavation, and the transportation route to be used within the Township.
(2)
The proposed date of the completion of the work, including hours and days of operation.
(3)
The name and address of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work.
(4)
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.
(5)
The routes over which the material will be transported and the method of traffic control.
(6)
The method of abating noise and dust in the operation.
(7)
The means of assuring lateral support and preventing erosion, floods and washing of silt into streams.
(8)
The submission of an integral soil and sedimentation control plan.
(9)
The means of protecting downstream properties from the effects of the operation.
(10)
The moving of soil into floodplains must be approved by the New Jersey Department of Environmental Protection in addition to any municipal permit obtained.
§ 95-75 Fees.
B.
Soil moving fee. The soil moving fee will be charged at $0.08 per cubic yard of fill or excavation, whichever is greater, 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.
C.
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 Committee.
§ 95-76 Performance guaranty requirements; release.
A.
In the event that the Planning Board approves the soil moving permit application, the Planning Board shall forthwith give notice to the applicant of the action of the Planning Board. When a performance guaranty is required, the Planning Board 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 shall be automatically rescinded, but in no event shall any soil 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 form approved by the Township Attorney, in either cash or its equivalent, or surety bond as specified by the Township Committee, in such amount as the Planning Board, 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 article 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 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 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 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, 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 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 engineer and land surveyor of the State of New Jersey.
§ 95-77 Form of permit; signatures; conditions; term.
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 Township Engineer.
[Amended 8-27-1981 by Ord. No. 21-1981]
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 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 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.
§ 95-78 General terms and conditions of operation.
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 East Hanover Zoning Ordinance, 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 provisions by means of road oil 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.
§ 95-79 Topsoil restrictions.
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.
§ 95-80 Depth of excavation.
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 guaranty, 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 six-inch 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 article.
§ 95-81 Final grades.
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.
C.
Seeding of the property, 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 be accomplished more than six months after completion. The applicant will maintain the seeded area for a period of one year after completion.
§ 95-82 Exempt operations.
A.
Nothing in this article 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.
B.
The provisions of this article shall not apply to excavations for building foundations, swimming pools 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.
§ 95-83 Authorized inspections; enforcement.
A.
For the purpose of administering and enforcing this article, 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 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.
[Amended 8-27-1981 by Ord. No. 21-1981]
B.
In addition to the enforcement provisions of other sections of this article, the Zoning Enforcement Official or any other person authorized from time to time by the Township Committee shall have the right. upon discovery of any violators of this article, to issue stop orders and remedial directions to force compliance herewith, which may be further enforceable by appropriate actions in any courts of competent jurisdiction in the State of New Jersey.