Midland Park City Zoning Code
§ 34-13.7
Soil Movement.
[6-10-2021 by Ord. No. 08-21]
a.
Unless a soil movement permit is first obtained, no excavation shall be made in any district for the purpose of removing soil, sand, gravel, rock or other earthen material, nor shall any soil, gravel, rock or other earthen substance be placed on any lot provided that this regulation shall not apply to:
1.
Excavations for basements or structures to be erected on the land forthwith.
2.
Grading or landscaping incidental to the development of the land as shown on a site plan approved pursuant to Chapter 32, Site Plan Review.
3.
Work performed by or under contract with the Borough.
4.
Work which does not require site plan approval, provided that the Borough Engineer determines that no adverse impact on drainage will result from the work and provided further that no soil from off-site sources is placed on the lot.
5.
Installation of crushed stone for the purpose of construction or repair of driveways serving one- or two-family residential dwellings or repair of driveway and parking areas shown on existing approved site plans.
6.
Any movement or excavation of soil in an amount less than 50 cubic yards.
b.
Applications for soil movement permits shall be made to the Planning Board, provided that if the soil movement involves an application for development within the jurisdiction of the Board of Adjustment, the application may be made to the Board of Adjustment.
c.
Application Requirements; Factors Considered; Additional Requirements.
1.
Applications for soil movement permits shall include a reasonable accurate drawing of the lot or lots to be affected by the proposed movement. The application shall indicate the proposed quantity of soil to be moved and shall also contain the following information and shall be certified as to accuracy by a licensed engineer:
(a)
Existing and proposed contour lines at appropriate intervals.
(b)
A description of the existing natural growth and any topographic or geologic features which may characterize the affected property.
(c)
Natural drainage features.
(d)
The location of any existing or proposed structures on the affected property.
(e)
A detailed statement of the method or process to be employed for the movement and the proposed time period.
(f)
Such additional information as reasonably may be required by the Borough Engineer or approving Board in order to carry out the intent of this chapter.
2.
Particular consideration shall be given to the following factors:
3.
Additional Requirements. The approving board shall not recommend and no soil movement permit shall be granted unless there is a finding that adequate provision is made for the following:
(a)
There is appropriate provision for safety, including appropriate access points for the affected area.
(b)
The test results have been delivered to the Borough Engineer.
(c)
The Borough Engineer notifies the approving Board that the soil to be placed contains no hazardous substances as that term is defined in the Environmental Clean-Up Responsibility Act, N.J.S.A. 13:1K-6 et seq.
(d)
Adequate provision shall be made to prevent any surface waters from damaging the surface of any excavation or the sloping surface of a cut or fill and otherwise adequate provisions have been made for surface and subsurface drainage.
(e)
The soil movement shall not be made so close to a property line as to damage or endanger any adjoining property.
(f)
Grades and elevations of adjoining streets and lands shall not be adversely affected, and such other factors as may relate to appropriate physical development of the Borough and the Master Plan shall be considered and provided for.
(g)
Soil movement will not extend over an unreasonable period of time, and a prerequisite to the issuance of a permit for such solid movement shall be the filing with the Borough of an appropriate surety bond for the benefit of the Borough and any person suffering loss or injury by reason of any violation of applicable laws, ordinances or the conditions imposed in connection with the granting of such a soil movement.