Norwood City Zoning Code
ARTICLE XVIA
Soil Movement
§ 233-123.3 Purpose and findings.
The purpose of this article is to prevent the unregulated and uncontrolled relocation, filling, excavation, and removal of soil by any person, which may result in conditions that are 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 causing 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 the creation of other factors and elements hampering and deterring the coordinated, adjusted, and harmonious physical development of the Borough.
§ 233-123.4 Definitions.
When used in this article, the following terms will have the meanings indicated:
The Norwood Planning Board or the Norwood Zoning Board of Adjustment having jurisdiction over a development application requiring a major soil moving permit.
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 includes any contiguous parcels of land under common ownership that 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 moving permit other than a minor soil moving permit as herein defined.
A permit for the movement of soil between 15 cubic yards and 500 cubic yards. Further, on a certified application to the Building Department, the Construction Official may grant a waiver for the movement of any amount of soil less than 15 cubic yards if any soil being brought to the site is clean and is being furnished by an individual or company that regularly deals in the provision of soil and can provide a certification that the material meets NJDEP standards for the application. The Borough Engineer or Construction Official also may waive the permit requirements if less than 15 cubic yards will be disturbed in the building or demolition of any structure and the Borough Engineer or Construction Official determines that this disturbance will not create drainage or grade deterioration.
To dig, excavate, remove, deposit, place, fill, grade, regrade, level, transport, or otherwise alter or change the location or contours. This term does not 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 another interest therein permitting the exercise of effective possession thereof, including contract purchasers of any lot.
Any earth, sand, clay, loam, gravel, humus, rock, or similar matter, including any synthetic substance used as a substitute for or in conjunction with soil.
Earth, sand, clay, lawn, 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 total combined volume of any soil removed and disposed of off-site; imported to the site from an off-site source, including topsoil, and redistributed within the site. This volume excludes soil excavation within the building footprint, provided the soil is either removed and disposed of off-site or redistributed on site to not raise the elevation of the site by more than 12 inches in any location and the Borough Engineer or Construction Official determines this disturbance does not adversely affect grading, drainage, or environmentally sensitive areas.
[Amended 12-14-2016 by Ord. No. 16:24]
The Borough Engineer will determine whether the fill is suitable or unsuitable to the particular location. Suitable materials include but are not limited to 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 will determine whether the fill is suitable or unsuitable to the particular location. Unsuitable materials include, but are not limited to peat moss, organic material vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs, etc.
§ 233-123.5 Permit required.
A.
No person may 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 must 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 Norwood will be preceded by a certified analysis of the material by a laboratory licensed in the State of New Jersey and on an approved laboratory list to be maintained by the Borough's construction office. The testing laboratory will 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, will be subject to the review and supervision of the Borough Engineer.
D.
All testing will be performed and analyzed under the Priority pollutant + 40 analysis reduced deliverable and will include testing for the following:
E.
Once the certified testing laboratory indicates that the above tests were positive and do not exceed the NJDEP maximum limits, an applicant may make application for the movement of soil as outlined above.
F.
This provision applies to both minor and major soil moving permits.
§ 233-123.6 Minor soil moving permits.
The procedure for applying for and issuance of a minor soil moving permit is as follows:
A.
Applications for minor soil moving permits will be filed with the Borough Clerk and will be accompanied by the fee prescribed herein. Applications will be made in duplicate and will be forwarded, upon receipt by the Borough Clerk, to the Borough Engineer for his or her review and approval. The application will include 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, including the volume of import, volume of export, and volume of soil moved within the site.
(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.
B.
The Borough Engineer, upon receipt of the application, will make a field investigation and will issue or deny the permit, giving his or her reasons for any denial in writing. The Borough Engineer will forward a copy of the approval letter to the Construction Department, Borough Clerk, the applicant, and will retain one copy on file. The Borough Engineer will classify any minor soil moving application as a major soil application if he or she determines that the application poses a substantial drainage or soil erosion problem or adversely affects the development of the abutting lot or lots. This determination will require the applicant to comply with all provisions governing major soil moving permits.
C.
In addition to the foregoing, the Borough Engineer may, in his or her discretion, require other data pertinent to the application.
§ 233-123.7 Major soil moving permits.
The procedure for applying for and issuance of a major soil moving permit is as follows:
A.
On forms prescribed and supplied by the Board, the applicant will set forth, in duplicate to the Board, with a copy to the Borough Engineer and Construction Department:
(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 Board.
(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. Applications will be signed by the applicant and the owner of the subject property indicating the owner's consent to the proposed soil movement.
C.
Topographical map. Applications will be accompanied by 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 the 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 will be prepared on a scale of not less than one inch to 100 feet, will refer to United States Coast and Geodetic Survey data, and will 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 natural or artificial watercourses.
(4)
All existing surface and subsurface water drainage conditions.
(5)
All wooded areas with references 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, with the existing elevations within these 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, natural or artificial bodies of water and watercourses, including detailed cross sections showing proposed channel widths, bank slopes, grade, and method of erosion control.
§ 233-123.8 Fees.
All of the following fees will be paid to the Municipal Clerk.
A.
Application fee.
(1)
Minor soil moving application fee, 15 cubic yards to 500 cubic yards: $50.
[Amended 12-14-2016 by Ord. No. 16:24]
(2)
Major soil moving application fee, over 500 cubic yards: $100.
[Amended 12-14-2016 by Ord. No. 16:24]
(3)
The application fee will be nonrefundable, whether a permit is issued, denied or withdrawn.
§ 233-123.9 Escrow for site plan review and drainage.
Whenever application is made to construct or reconstruct a building or structure within the Borough, and the Building Inspector determines that the grade and drainage are in apparent need of review by the Borough Engineer, then $500 will 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 applicant does not wish to sign a waiver for future building, then the applicant will post an escrow with the Borough in the amount of $200 for engineering review to determine if a structure may be rebuilt upon the lot after demolition.
§ 233-123.10 Notice to abutting owners.
Upon receipt of the application, the Board will set a time and place for a hearing and will notify the applicant. The time fixed will not be less than 15 days after the notice is given to the applicant. The notice will be accompanied by a copy of a form letter, which the applicant must serve upon all property owners within 200 feet of the property to be affected by the application. Notice will be given either personally or by leaving a copy at the property owner's usual place of abode. If the property owners are nonresidents of the Borough, notice may be given by sending a copy of the form letter via registered mail to the last known address of the property owner as shown on the most recent tax list of the Borough. The applicant will present proof to the Board at the hearing by affidavit or otherwise that notice has been given to each of the property owners entitled to receive notice.
§ 233-123.11 Consideration of application.
A.
In considering the application, the Board will be guided by the following factors:
B.
The Board may require an agreement with the applicant concerning any or all of the above factors. If, after considering the above factors, the Board determines that the proposed soil removal will not be detrimental to the health, safety, or welfare of the Borough or its inhabitants, it will issue the necessary permit. Otherwise it will deny the application and notify the applicant. Notice of the grant or denial of the application will be given to the applicant within a reasonable time after the application is filed.
§ 233-123.12 Payment of taxes; performance bond requirements.
A.
Approval of a soil movement permit will 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.
Before any permit is issued, the applicant will file with the Borough Clerk a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety.
C.
The amount of the bond will 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 no bond may be less than the principal amount of $2,000. The Board or the Borough Engineer 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 hauling route, etc. In ascertaining the rate upon which to compute the amount of the bond, the Board or the Borough Engineer will 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.
Failure to post the required bond will result in a rescission of any conditional or unconditional approval or permit.
E.
If a modification or amendment is sought to an approved soil moving permit, for which a performance bond has been posted, the applicant will first submit written consent of the surety on this bond to the Board. This consent will evidence the surety's approval of the proposed modification or amendments.
F.
An application for release of a performance bond will 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 Board.
§ 233-123.13 Regulations.
Soil removal conducted under a permit issued under this chapter will be in accordance with the following regulations:
A.
Operations will be so conducted that there will not be created any sharp declivities, pits, or depressions.
B.
Land will be graded so as to conform to the approved contour lines and grades and will be cleared of debris.
C.
The top layer of soil to a depth of six inches may not be removed from the premises but will be set aside and respread over the premises when the remainder of the soil has been removed.
D.
Adequate measures must be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.
§ 233-123.14 Topsoil restrictions.
A.
Whenever any person moves topsoil in or upon any lot, provision will be made for the storage of this topsoil within the boundary lines of the lot.
B.
Except as hereinafter provided, all of the topsoil so stored will 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 the replaced topsoil will be in accordance with the proposed final grades shown on the topographical map.
C.
No person may remove to any point beyond the boundary lines of the lot any topsoil unless and until topsoil not inferior in quality to that to be removed is 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 the portions thereof that have become, since the date of filing of the 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. No person may remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.