Harrington Park City Zoning Code
ARTICLE XI
Soil Removal
§ 350-54 Purpose and findings.
The purpose of this article shall be to prevent the unregulated and uncontrolled relocation, filling, excavation and removal of soil by any person 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. 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.
§ 350-55 Definitions.
As used in the article, the following terms shall have the meanings indicated:
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 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 Borough or in the office of the Bergen County Clerk.
Any soil permit other than a minor soil moving permit as herein defined.
A permit for the movement of soil between 35 cubic yards and 350 cubic yards. Further, on application to the Borough Clerk, on certification of the applicant, a waiver shall be issued for the movement of any amount of soil less than 35 cubic yards; provided, however, that, in the event topsoil is being brought to the site, such soil is clean and being furnished by an individual or company that regularly deals in the provision of topsoil; further provided that in the event that less than 35 cubic yards will be disturbed in the building or demolition of any structure, and that either the Borough Engineer or Construction Code Official determines such disturbance shall not create drainage or grade deterioration, then either professional may waive such permit compliance.
[Amended 7-18-2005 by Ord. No. 583; 9-19-2011 by Ord. No. 664]
To dig, excavate, remove, deposit, place, fill, grade, regrade, level, transport or otherwise alter or change the location or contours. This term shall not be construed to include plowing, spading, cultivating, harrowing 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 owning any lot or having such other interest therein as will permit exercise of effective possession thereof. This shall include contract purchasers of the subject lots.
Any earth, sand, clay, loam, gravel, humus, rock or matter, including any synthetic substance used as a substitute for 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.
§ 350-56 Permit required.
[Amended 5-21-2001 by Ord. No. 544]
A.
No person shall move, cause, allow or permit to be moved any soil in or upon any lot in the Borough unless and until application has been made for a soil moving permit and the permit has been issued in accordance with the provisions of this article.
B.
All applicants for minor or major site plan approval and minor or major subdivision approval in the Borough shall comply with and be subject to this article.
C.
An application for soil movement from within the Borough or from outside of the Borough to a site in Harrington Park shall be preceded by a certified analysis of the material by a laboratory licensed in the State of New Jersey. Said testing laboratory shall also certify that the laboratory, its employees or agents physically went to the source site and took samples themselves for testing. The number and amount of samplings taken, as well as the designated location from where they are taken, shall be subject to the review and supervision of the Borough Engineer.
D.
E.
Once the certified testing laboratory indicates that the above tests were positive and do not exceed the New Jersey Department of Environmental Protection (NJDEP) maximum limits, it would then be in order for an applicant to make application for the movement of soil as outlined above.
F.
This provision will be required for both minor and major soil moving permits.
§ 350-57 Minor soil moving permits.
The procedure for applying for and issuance of a minor soil moving permit shall be as follows:
A.
Applications for minor soil moving permits shall be filed with the Borough Clerk and shall be accompanied by the fee prescribed herein. Applications shall be made in duplicate and shall be forwarded, upon receipt by the Borough Clerk, to the Borough Engineer for his review and approval. The application shall show the following:
(1)
The name and address of the applicant.
(2)
The lot and block numbers of the subject property, including a street address.
(3)
The name and address of the owner of the subject property.
(4)
The purpose or reason for the moving of the soil.
(5)
The estimated quantity in cubic yards of soil to be moved. Movement shall include volume of import, volume of export, and volume of soil moved within the site.
[Amended 9-19-2011 by Ord. No. 664]
(6)
A statement as to how the moving of the soil will affect all trees with a diameter of six inches or more.
(7)
An impact statement regarding the effects that the proposed movement of soil will have on drainage and erosion.
(8)
Provide length, width and depth dimensions for each area of excavation in feet.
[Added 9-19-2011 by Ord. No. 664]
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 such a denial in writing. The Borough Engineer shall forward a copy of the approval letter to the Construction Department, Borough Clerk and the applicant and shall retain one copy on file. The Borough Engineer shall classify any minor soil moving application as a major soil application if he determines that the application poses a substantial drainage or soil erosion problem or adversely affects the development of the abutting lot or lots. Such a determination will trigger compliance by the applicant with all provisions governing major soil moving permits.
[Amended 4-18-2011 by Ord. No. 658]
C.
In addition to the foregoing, the Borough Engineer may, in his discretion, require other data pertinent to the application.
D.
No stormwater improvements are required if:
[Added 9-19-2011 by Ord. No. 664]
§ 350-58 Major soil moving permits.
The procedure for applying for and 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 copy to the Borough Engineer and Construction Department:
[Amended 4-18-2011 by Ord. No. 658]
(1)
The name and address of the applicant.
(2)
The lot and block numbers of the subject property, including street address.
(3)
The name and address of the owner of the subject property.
(4)
The purpose or reason for moving the soil and whether it will be done in connection with a proposed subdivision or site plan; if so, the date the application for subdivision/site plan was made with the Planning Board or Zoning Board of Adjustment.
(5)
A detailed statement of the method or process to be employed for the proposed soil movement.
(6)
The proposed hours and time periods encompassing the soil movement.
(7)
The type and quantity in cubic yards of the soil to be moved.
(8)
In the case of removal or replacement of soil, the place to which the soil is to be removed, the quantity of soil to be removed or filled within and the proposed transportation route to be used within the Borough.
(9)
A signed affidavit by the applicant that he has placed or caused to be placed stakes at each corner of the subject premises and that he has placed or caused to be placed grade stakes at the existing elevation points designated on the required topographical map clearly marked to indicate proposed 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 signatures of the applicant and the owner of the subject property indicating the owner's consent to the proposed soil movement.
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. The map shall be prepared on a scale of not less than one inch to 100 feet, shall refer to United States Coast and Geodetic Survey data and shall show:
(1)
The dimensions of the lot, including distance and bearings, lot and block number of the lot and each lot in the surrounding lands within 100 feet.
(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.
(5)
All wooded areas, with specific reference being made to all trees having a diameter of six inches or more at the base.
(6)
The limits of the area or areas within the lot 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 are to be altered.
(8)
Proposed slopes and lateral supports at the limits of the soil moving area.
(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.
§ 350-59 Fees.
All fees shall be paid to the Municipal Clerk.
A.
Application fees for the following items are provided in the Borough-maintained Fee Schedule.
§ 350-60 Escrow for site plan review and drainage.
[Added 7-18-2005 by Ord. No. 583]
Whenever application is made to construct or reconstruct a building or structure within the Borough of Harrington Park and the Construction Code Official determines that the grade and drainage are in apparent need of review by the Borough Engineer, then such application shall include a sum of $500 to be held in escrow for engineering review of the proposed building or property alteration. In addition, any time a request for a permit for demolition of a housing or commercial structure is made and the applicant does not wish to sign a waiver for future building, then such applicant shall post an escrow in the amount of $200 for engineering review to determine if a structure may be rebuilt upon the lot after demolition.
§ 350-61 Payment of taxes; performance bond requirements.
A.
Approval of a removal permit shall not be given until the applicant has submitted proof that there are no taxes or assessments for local improvements due or delinquent on any property involved in the soil moving operation.
B.
No permit shall issue until the applicant posts with the Borough a performance bond in form and with surety acceptable to the Borough, in such amount as the Planning Board shall determine to be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the soil moving application. Failure to post said bond shall result in a rescission of any conditional or unconditional action of approval by the Planning Board.
C.
In the event that a modification or amendment is sought to an approved soil moving permit, for which a performance bond has been posted, the applicant shall first submit written consent of the surety on said bond to the Planning Board. Said consent shall evidence the surety's approval of the proposed modification or amendments.
D.
An application for release of a performance bond 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 adopted by the Planning Board.
§ 350-62 Topsoil restrictions.
A.
Whenever any person 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 person 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 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 any person remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.