Oradell City Zoning Code
ARTICLE XVI
Soil Moving
§ 240-16.1 Storage of removed topsoil; transport of unused topsoil.
A.
Persons excavating and developing said lands shall store topsoil from the land within the boundaries of the land and shall remove therefrom only that topsoil which may be permitted by the Planning Board as herein provided; and the topsoil or balance thereof shall be spread uniformly over the land.
B.
All soil permitted to be removed from the premises must be transported in such a manner that the same shall not be caused to spill on the roadways of the Borough. In the event that soil is spilled upon any Borough road, the Superintendent of the Department of Public Works or his agent shall cause such soil to be removed by the Borough sweeper at a charge of $100 per man hour during normal working hours and $200 per man hour at other times, plus $150 per equipment hour, which cost shall be certified to the Mayor and Council and the Construction Official and, upon approval by resolution of the Mayor and Council, shall be charged against the performance bond posted by the applicant.
§ 240-16.2 Final layer of topsoil required.
No owner of land shall deposit or cause to be deposited any soil upon his land without providing for a final layer of topsoil at least four inches in depth to be placed thereon.
§ 240-16.3 Examination and inspection of land.
For the purpose of administering and enforcing this chapter, any officer, agent or employee of the Borough authorized to enforce this chapter 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.
§ 240-16.4 Permit required.
No owner, developer or person shall move or cause, allow, permit or suffer to be moved any soil in, upon or from any lot in the Borough, nor shall any owner, developer or person raise or lower or cause to be raised or lowered the grade of any land unless and until a permit therefor shall first have been approved by the Planning Board if over 100 cubic yards or the Construction Official is less than or equal to 100 cubic yards and obtained from the Construction Official of the Borough, as per the following calculations:
§ 240-16.5 Filing of applications; fees.
§ 240-16.6 Information required on application.
A.
The applications for soil permits shall contain the following information:
(1)
The name and address of the owner of the land.
(2)
A description of the land as to size and location.
(3)
The lot and block numbers of the lands, as shown on the current Assessment Map of the Borough.
(4)
The reason for moving, removing, or adding the soil.
(5)
The type and quantity of soil to be moved, removed or added.
(6)
The location to which the soil is to be moved, removed or added.
(7)
The dates of commencement and completion of the movement, removal or addition of the soil.
(8)
The final condition in which the land shall be placed.
(9)
A map of the premises showing the contour lines and the present and proposed slopes of land.
(10)
The present and proposed surface water drainage.
(11)
Such other pertinent data as the Planning Board may hereafter require.
(12)
A certification that the soil is "clean and not contaminated" under ISRA or any successor standards.
(13)
A performance bond in the amount of $750.
§ 240-16.7 Consideration and review of application.
The Planning Board shall consider and review each application for a soil permit within 45 days after its submission in proper form. Notice of the time and place of the Planning Board's consideration of the application shall be given by letter to the applicant.
§ 240-16.8 Right of applicant to be heard and present evidence.
The applicant shall have the right to present testimony and evidence in support of the application.
§ 240-16.9 Planning Board review criteria.
The Planning Board, in considering and reviewing an application for a soil permit and in determining its decision, shall be guided by the general purpose of municipal planning and shall take into consideration the following factors in particular:
A.
Soil erosion by water and wind.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support slopes and grades of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
§ 240-16.10 Issuance of permit; refusal; appeals.
A.
If an application for a soil permit is approved by the Planning Board or Borough Engineer, as the case may be, the Construction Official shall issue the soil permit forthwith and with such special conditions as the Planning Board or Borough Engineer, as the case may be, deem necessary to carry out the purposes of this chapter.
B.
The Zoning Board of Adjustment shall have the same authority to grant soil moving permits for applications which it has jurisdiction over.
§ 240-16.11 Records to be kept.
A record of all soil permits issued shall be kept by the Building Department.
§ 240-16.12 Form of permit.
The form of the soil permit shall be prescribed by the Construction Official.