§ 245-5. Application for minor soil moving permit.

The procedure for applying for and issuance of a minor soil moving permit shall be as follows:

A. 

Applications for minor soil permits shall be filed with the Borough Engineer and shall be accompanied by the fee prescribed in § 245-9(1) of this chapter. Applications shall be made in triplicate, on forms prescribed by the Borough and supplied by the Borough Engineer. In addition to any other requirements that the Borough, acting through the Borough Engineer, may require on data pertinent to the application, the application shall show the following:

(1) 

The name, address and telephone number of the applicant.

(2) 

The lot and block numbers and street address of the lot or lots involved.

(3) 

The name, address and telephone number of the owner of the property.

(4) 

The purpose or reason for the moving of soil and/or fill.

(5) 

The kind and estimated maximum quantity in cubic yards of soil and/or fill to be moved.

(6) 

The maximum amount of soil and/or fill to be moved in any one day.

(7) 

The proposed date of start and completion of the work.

(8) 

The applicant shall submit an integral soil and/or fill erosion and sedimentation control plan. This plan shall be approved by the Morris County Soil Conservation District where applicable.

(9) 

The applicant shall submit an existing topographical map in accordance with the requirements of § 245-7C and a proposed grading and drainage plan.

(10) 

The destination of soil and/or fill to be moved, the route over which the material will be transported; the hours of operation, whether it be actual excavation or soil and/or fill moving activity; or the transporting of soil and/or fill shall be set forth in the application. Additionally, all safety procedures and precautions which shall be taken shall be enumerated in the application as well as the method of storage of any soil and/or fill on any property within the Borough and all procedures which shall be followed for the storage of soil and/or fill which will ensure that the subject property, abutting properties, any other properties, driveways, walkways, streets, and other facilities will not be adversely affected by the storage of said soil and/or fill, and this shall include, but not be limited to, all soil and/or fill erosion and sediment control measures which shall be implemented.

(11) 

The name, address, and telephone number of the person having direct charge over the soil and/or fill moving operation.

(12) 

The name, address and telephone number of the excavator, contractor, or person having express charge, supervision, and control of the actual site excavation or soil and/or fill moving.

(13) 

An alternate person, address, and phone number, who may be contacted in the event the person or persons listed in Subsection A(11) or (12) above are not available.

(14) 

An applicant proposing to import soil and/or fill, excepting screened topsoil, shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Borough Engineer that such soil/fill is clean and free of chemical, biological or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.

(15) 

The applicant shall submit a certification from a licensed professional engineer or wetlands expert verifying that there are not wetlands located on the property or within 150 feet of the proposed limits of disturbance. If there is any indication that there are wetland areas within the confines of the lot which is the subject of the soil moving application or within 150 feet of the limits of disturbance, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map and said letter of interpretation shall be submitted to the Borough prior to the issuance of any soil moving permit by the Borough.

B. 

The Borough Engineer, upon receipt of the application, shall make a field investigation and shall issue the permit or deny it, giving the reasons for denial. The Borough Engineer will forward a copy of the permit to the Borough Clerk, the Planning Board and one copy to the applicant and shall retain one copy on file. The Borough 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 may present drainage or erosion problems, or that it may adversely affect abutting property, or other property.

C. 

The moving of soil and/or fill in, to, or from floodplains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained.