East Hanover Township
City Zoning Code

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.

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.

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:

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.

The applicant shall provide the following information to the Planning Board:

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.

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:

Inspection of site.

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.

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:

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.

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.

After Board review and approval, the following information shall be provided prior to the pre-construction meeting and issuance of any building permit:

Soil application fee. The following fees are to be paid with soil applications and will not be refundable whether the permit is issued, denied or withdrawn:

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.

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.

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.

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.

Amount of performance guaranty.

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.

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.

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.

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.

All permits shall automatically expire on the termination date, unless application for renewal has been made and approved in writing, extending such permit.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.